Nishanth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Nishanth ... Petitioner/Accused No.1 Vs State Rep. by The Inspector of Police, Kandavarayanpatti Police Station, Sivagangai District.
Crime No.122/2020.
... Respondent/Complainant For Petitioner : Mr.Senthil Kumar.R, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For a Bail in Crime No.122 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 29.12.2020 for the offences punishable under Sections 448,323,307 of IPC and Section 4 of TNPHW Act on the file of the respondent police seeks bail.
2.The case of the prosecution is that the petitioner herein along with other accused trespassed into the house of the defacto complainant, assaulted her and thereby made an attempt to kill her. Hence the complaint.
3.The learned counsel for the petitioner would submit that due to previous enmity a false case has been foisted against the petitioner. He would also submit that the injured was also discharged from the hospital.
4. The learned Government Advocate(Crl.Side) would submit that petitioner herein along with other accused trespassed into the house 1/3
of the defacto complainant, assaulted her and thereby made an attempt to kill her. He would also submit that the injured was also discharged from the hospital.
5. Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that the injured was discharged from the hospital, 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 his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties(out of which one shall be a blood related surety) each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirupathur.
i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity ii) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation iii)the petitioner shall not tamper with evidence or witness. iv) the petitioner shall not abscond during trial. v)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]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 21/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
2/3
TO 1 THE JUDICIAL MAGISTRATE, THIRUPATHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE, KANDAVARAYANPATTI POLICE STATION, SIVAGANGAI DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, THIRUPATHUR, SIVAGANGAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-380[I] dated 21/01/2021 )
ORDER
IN CRL OP(MD) No.786 of 2021 Date :21/01/2021 aav JM/PN/SAR III/21.01.2021/3P/7C 3/3