Venkatesh Perumal @ Pokkaiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/01/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Venkatesh Perumal @ Pokkaiyan ... Petitioner / Sole Accused Vs The Inspector of Police, Sellur Police Station, Madurai City.

(Crime No.1369 of 2023) ... Respondent/Complainant For Petitioner :

M/s.K.Muthurakkan, 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.1369/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / sole accused, who was arrested and remanded to judicial custody on 14.11.2023 for the offence punishable under Sections 294(b) and 307 IPC in Crime No.1369 of 2023 on the file of the respondent Police, seeks bail. 1/5

2.The case of the prosecution is that on 14.11.2023, at about 09.30 a.m., due to previous enmity, the petitioner abused the defacto complainant's son in filthy language and caused injuries to him. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He would further submit that the petitioner has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 14.11.2023. Hence, he prays for bail.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that this is the second bail application and the earlier bail application filed by the petitioner in Crl.O.P(MD).No.22398 of 2023 was dismissed on 12.12.2023 on the ground that the injured has sustained grievous injuries. However, he fairly submits that the injured has now been discharged from the hospital.

5. Heard the learned counsel on either side.

6. Considering the facts and circumstances of the case and the period of incarceration and the fact that the injured has now been discharged from the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:

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7. Accordingly, the petitioner is ordered to be released on bail on his executing 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 No.II, Madurai District, 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 is directed to appear before the respondent police daily at 10.30 a.m., until further orders. (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(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]; and; 3/5

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05/01/2024 / TRUE COPY / 05/01/2024 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB To 1.The Judicial Magistrate No.II, Madurai District.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Sellur Police Station, Madurai City.

4.The Officer Incharge, Sub Jail, Virudhunagar.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.MUTHURAKKAN, Advocate ( SR-274[I] dated 05/01/2024 ) 4/5

ORDER

IN CRL OP(MD) No.145 of 2024 Date :05/01/2024 ED/ /SAR- (05/01/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5