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Madras High CourtCRL OP(MD)/22668/2022granted

Vasanth @ Kattuvasi v. The Inspector Of Police

2022-12-21Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.22668 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/12/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.22668 of 2022 Vasanth @ Kattuvasi ... Petitioner/Accused No.1 Vs The State Rep. by, The Inspector of Police, Karur Town Police Station, Karur, (Crime No.772/2022).

... Respondent/Complainant For Petitioner : M/s.Santhanam Rajeshkumar B, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.772/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested on 08.12.2022 for the alleged offence under Sections 452, 294(b) and 307 IPC, in Crime No.772 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there was a civil dispute between the de-facto complainant party and the accused and in respect of the above said dispute, a suit is also pending before the District Court, Karur. Due to which, on 05.12.2022, at about 05.40 p.m., when he was in the shop, which was run by his wife, the accused persons came there, caused assault with aruval and tried to kill him and criminally intimidated him and also abused him in filthy language. Due to which, he sustained injuries on the shoulder and hands. On the basis of the said occurrence, FIR has been registered and the petitioner was arrested on 08.12.2022. Ever since, he is in custody.

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CRL OP(MD). No.22668 of 2022 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he seeks for bail. 4.The learned Additional Public Prosecutor submitted that due to civil dispute between the parties, the above said occurrence has been taken place. Now, the injured has been discharged from the hospital and there is no previous case against the petitioner. However, considering the gravity of offence, he strongly opposed to grant bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the period of incarceration and the investigation might have been completed by this time, this Court is inclined to grant bail to the petitioner with stringent conditions. 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Karur, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 21/12/2022 / TRUE COPY / 21/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KARUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE OFFICER-INCHARGE, DISTRICT PRISON, KARUR.

4. THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR.

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

+1 CC to M/s.SANTHANAM RAJESHKUMAR B, Advocate ( SR-15270[I] dated 22/12/2022 )

ORDER

IN CRL OP(MD) No.22668 of 2022 Date :21/12/2022 SJI USK/VR/SAR-IV/21.12.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2