Pitchaiah v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Pitchaiah, ... Petitioner/Sole Accused

Vs State Rep.by The Inspector of Police, Puliyangudi Police Station, Tenkasi District. (Crime No.262/2023).. ... Respondent/Complainant For Petitioner : M/s.Veerapandi P, Advocate. For Respondent : Mr.B.Nambiselvan,

Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.262/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who were arrested on 12.07.2023 for the alleged offence under Sections 294(b), 153A, 504, 505(2), 506(2) of IPC, in Crime No.262 of 2023 on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the petitioner has forwarded the defaming news about the political party in the social media.

¶3The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. The petitioner is also ready to file an undertaking that he will not commit any similar offence in future. He further submitted that the petitioner is in custody from 12.07.2023. Hence, prays for bail.

¶4The learned Additional Public Prosecutor (Crl.Side) appearing for the respondent police submitted that no previous case is pending against this petitioner.

¶5Considering the facts and circumstances of the case, the readiness of the petitioner to file an affidavit that he will not indulge in any offence in future and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.

¶6Accordingly, 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 Court, Sivagiri, Tenkasi District, and on further conditions that

(i) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

(ii) The petitioner is directed to file an undertaking affidavit before the trial Court stating that he will not commit any similar offence in future. sd/- 17/08/2023 / TRUE COPY / 17/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TTA TO THE JUDICIAL MAGISTRATE, SIVAGIRI, TENKASI DISTRICT. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. THE INSPECTOR OF POLICE PULIYANGUDI POLICE STATION, TENKASI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.P.VEERAPANDI, Advocate ( SR-12381[I] dated 17/08/2023 ) ORDER IN CRL OP(MD) No.14630 of 2023 Date :17/08/2023 PKP//SAR- /17.08.2023/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023