Saravanan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15066 of 2023

1.Saravanan

2.Govindharaj

3.Vijayakumar

¶4Mathialagan @ Mathiyazhagan ... Petitioners/Accused Nos.2, 3, 5 & 6 Vs The Inspector of Police, Udaiyalipatty Police Station, Pudukkottai District. Crime No.82 of 2023. ... Respondent/Complainant For petitioners : Mr.D.Rameshkumar For Respondent : Mr.B.Nambiselvam,

Additional Public Prosecutor For Intervenor : Mr.B.Jameel Arasu PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.82 of 2023 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/Accused Nos.2, 3, 5 and 6, who were arrested on 30.07.2023 for the alleged offence under Section 147, 148, 341, 294(b), 323, 324 and 506(ii) IPC, in Crime No.82 of 2023, on the file of the respondent Police, seeks bail.

¶2The case of the prosecution is that there was group rivarly between two groups of people over celebrating the temple festival and offering goats as sacrifice. Due to above said group rivalry, on 30.07.2023 at about 6.00 a.m., again trouble has arisen between the parties, in which, both of them attacked with each other, scolded in filthy language and caused severe injury to each other.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. The petitioners are in custody from 30.07.2023. Further, injued have been discharged from the hospital. Hence, he prays to release the petitioners on bail.

¶4The learned counsel for the intervenor would submit that even though he is not standing in the way of granting bail to the petitioner, condition may be imposed upon the petitioner that the petitioner must stay away from the occurrence place.

¶5The learned Additional Public Prosecutor appearing for the respondent would submit that it is a case and counter case and injured have been discharged from the hospital.

¶6Considering the facts and circumstances of this case and also considering that injured have been discharged from the hospital, it is a case and counter case and the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions.

¶7Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Keeranur, Pudukkottai District, and on further condition that the petitioners shall stay away from the occurrence place and they must stay at Trichy for the period of fifteen days from tomorrow and he must report before the learned Judicial Magistrate No.I, Trichy, daily at 10.30 a.m. until further orders. sd/-

18/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

Indu TO

¶1The Judicial Magistrate, Keeranur, Pudukkottai District.

¶2The Chief Judicial Magistrate ,Pudukottai

¶3The Superintendent, District Prison, Pudukkottai.

¶4The Inspector of Police, Udaiyalipatty Police Station, Pudukkottai District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. CRL OP(MD) No.15066 of 2023 Date : 18/08/2023

SA/SAR (18.08.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from

17.07.2023.