Mariyappan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HON'BLE MR. JUSTICE K. KUMARESH BABU Mariyappan

...Petitioner

Vs.

State represented by The Inspector of Police, North Police Station, Tiruppur City.

(Crime No.519 of 2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.519 of 2024 on the file of the respondent Police.

For petitioner : Mr.J.Franklin For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.04.2024 for the offences under Sections 294(b), 506(ii) and 195(a) 1/5

of IPC, in Crime No.519 of 2024 on the file of the respondent, seeks bail.

2. It is stated that the petitioner is alleged to have threaten the witness Sakthivel/PW2, who had already examined as witness in SC.No.273/2023 before the court below and on the said allegations, the accused person threaten the witness to depose evidence in his favour.

3. It is stated by the learned Government Advocate (Crl.side) that the petitioner is alleged to have threaten the witness Sakthivel/PW2, who had already examined as witness in SC.No.273/2023 before the court below. He further stated that in this case charge Sheet has also been filed.

4.The learned counsel for the petitioner stated that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution.

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5.Taking the period of incarceration into consideration and the investigation has practically been completed and also charge sheet has also been filed , this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a 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-I, Tiruppur and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the concerned court on every Monday and Thursday at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. 3/5

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

08.05.2024 Vv To 1.The Judicial Magistrate-I, Tiruppur

2. The District Jail, Tiruppur.

3.The Inspector of Police, North Police Station, Tiruppur City..

4.The Public Prosecutor, High Court of Madras.

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K. KUMARESH BABU.

J.

Vv 08.05.2024 5/5