Sudalai Selvam @ Suresh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Sudalai Selvam @ Suresh ... Petitioner/Accused No.4 Vs State Rep.by The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.

Crime No.5/2023 ... Respondent/Complainant For Petitioner : M/s.Susi Kumar C, Advocate.

For Respondent : Mr.T.Senthilkumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.5/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 13.01.2023 for the offence punishable under Sections 341,294(b),307, 506(ii) of IPC in Crime No.5 of 2023 on the file of the respondent police, seeks bail.

2. The defacto complainant in this case is an auto driver and on 12.01.2023 since the defacto complainant refused to take the petitioner along with other accused in an auto who were holding weapons the accused persons abused the defato complainant in filthy language, assaulted him and threatened him with dire consequences, hence the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit the petitioner is in judicial custody from 13.01.2023,hence he seeks bail. 1/3

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused attacked the defacto complainant with deadly weapons and threatened with dire consequences, hence he objected to grant bail to the petitioner. He would further submit that no one sustained injuries in the said occurrence.

5. Heard. Perused the materials available on record including the First Information Report.

6. Taking into consideration of the facts and submissions made by the learned counsels and also taking into consideration the period of incarceration and also the fact that no one sustained injuries in the said occurrence, this court is inclined to grant bail to the petitioner , subject to the following conditions: [a] 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 No.V, Tirunelveli and on further conditions that:

[b] 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. [c] the petitioner shall report before the respondent police daily at 10.30 A.M., until further orders.

[d] the petitioner shall not commit any offences of similar nature.

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

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 13/02/2023 / TRUE COPY / 13/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 2/3

TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, MUNNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2547 of 2023 Date :13/02/2023 RS/VR/SAR.(13.02.2023) 3P-6C 3/3