C.Aravind @ Patchai Aravinth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/11/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.20090 of 2023

1. C.Aravind @ Patchai Aravinth,

2. T.Karan,

3. R.Kumar @ Rto Kumar,

4. R.Venkatesh, ... Petitioners/Accused Rank not Known Vs The State Rep.by The Inspector of Police, K.K Nagar Police Station, Trichy City.

Crime No. 1388/2023.

... Respondent/Complainant For Petitioners : Mr.M.Rajarajan, Advocate.

For Respondent : Mr.R.M.S.Sethuraman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 1388 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested and remanded to judicial custody on 19.10.2023 for the alleged offences under Sections 147,294(b),323,353,506

(i) and 379 of IPC, in Crime No.1388 of 2023, on the file of the respondent police, seek bail.

2.The defacto complainant is the Assistant Manager of Canara Bank, ARM Branch. The case of the prosecution is that the first accused along with others who were partners in ACL Infosys Group obtained Rs.22 Crores as loan and the same was pending and hence action was taken SARFASEI Act and on 28.05.2023 they obtained direct possession order from the District Collector and on 18.10.2023 at about 11.00 a.m., when the bank officials and Deputy Tahsildhar went for taking possession the petitioners and others attacked them brutally and took four cellphones and two camera and they also prevented the officials from discharging their duty. Hence, the case.

3.The learned counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in judicial custody from 19.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor submitted that on 18.10.2023 at about 11.00 a.m., when the Bank officials and Deputy Tahsildhar went to the occurrence place for taking possession the petitioners and others attacked them brutally and took four cellphones and two camera and they also prevented the officials from discharging their duty. He would further submit that no previous case is pending against the petitioners and the co-accused were granted anticipatory bail.

5.Considering the period of incarceration and the fact that no previous case is pending against the petitioners and the co-accused were granted anticipatory bail , this Court is inclined to grant bail to the petitioners with stringent conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) along with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tiruchirapalli and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 08/11/2023 / TRUE COPY / / /2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, TRICHY 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE SUPERINTENDENT, CENTRAL JAIL, TRICHIRAPPALLI.

4 THE INSPECTOR OF POLICE K.K NAGAR POLICE STATION, TRICHY CITY.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M.RAJARAJAN Advocate SR.No.16054

ORDER

IN CRL OP(MD) No.20090 of 2023 Date :08/11/2023 MGJ(08.11.2023) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023