Akbar vs State

G.Ilangovan, J

The petitioner/A2 herein, who was arrested and remanded to judicial custody on 28.10.2023 for the alleged offences under Sections 341,294(b),324,427,506(ii) of IPC r/w.Section 25(1-B) of Indian Arms Act, in Crime No.563 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 27.10.2023 at about 10.30 pm, the defacto complaiant along with his friends went to theatre for watching movie at that time there was a wordy quarrel between the petitioner and the defacto complainant and thereafter when the defacto complainant was retuning home at about 2.00 am.,A1 along with other accused abused him using filthy language, assaulted him and also threatened him using deadly weapons. Hence, the case.

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. He would further submit that the petitioner is in judicial custody from 28.102023 , hence he seeks bail.

4.The learned Additional Public Prosecutor submitted that A1 along with other accused abused the defacto complainant using filthy language, assaulted him and also threatened him using deadly weapons. He would further submit that no previous case is pending against the petitioer.

5.Considering the fact that there is a motive only between A1 and the complainant and also considering the period of incarceration and the fact that no previous case is pending against the petitioner, 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, Aranthangi and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.