Malaisamy v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Malaisamy ... Petitioner/Accused No.3 Vs The State rep.by,

The Inspector of Police, Narikudi Police Station, Virudhunagar District. Crime No.91 of 2023. ... Respondent/Complainant For Petitioner : Mr.Veerakumar.T, Advocate For Respondent : Mr.B.Nambiselvam,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.91 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested on 30.08.2023 for the alleged offence under Sections 341, 294(b), 324 and 307 IPC, in Crime No.91 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that the husband of the defacto complainant and the first accused is the brother and sister. There was a previous enmity regarding civil dispute between them. On 02.08.2023 at about 8.00 p.m., when the defacto complainant was coming near Balashanmuganathan's house at Isali Village, Thiruchuli Taluk, the petitioner and other accused came to that place, intercepted the defacto complainant, abused him in a filthy language, in order to kill him, first accused assaulted the defacto complainant on his head. The second and third accused stabbed the defacto complainant with knife. Thereby, caused injuries on his right shoulder and back. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that due to previous enmity over civil dispute, the false complaint has been given. Actually, this petitioner never committed any offences as alleged by the prosecution.

¶4The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioner is having no previous case and the injured has been discharged from the hospital.

¶5Considering the fact and circumstances of this case and also considering that the injured has been discharged from the hospital, no previous case is reported against the petitioner and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain 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, Thiruchuli, and on further condition that the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders.

sd/-

24/08/2023

/ TRUE COPY /

24/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. indu TO

¶1THE JUDICIAL MAGISTRATE, THIRUCHULI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTTUR.

¶3THE OFFICER IN CHARGE, DISTRICT PRISON, VIRUDHUNAGAR.

¶4THE INSPECTOR OF POLICE, NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

¶5THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-12707[I] dated 24/08/2023 ) ORDER IN CRL OP(MD) No.15404 of 2023 Date :24/08/2023 RK (24/08/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023