Balakrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Balakrishnan ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Traffic Investigation Wing, Tirunelveli City.
Crime No.29 of 2023.
... Respondent/Complainant For Petitioner : M/s.Thamotharakannan 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.29 of 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 30.01.2023 for the offences punishable under Sections 279,337,308 of IPC and sections 185,181(3) of Motor Vehicle Act in Crime No.29 of 2023 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner under the influence of alcohol had driven the motor cycle in a rash and negligent manner, thereby dashed against the defacto complainant and his two daughters sustaining injuries, hence the case.
3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in judicial custody from 30.01.2023, hence he seeks bail 1/3
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner under the influence of alcohol had driven the motor cycle in a rash and negligent manner, thereby dashed against the defacto complainant and his two daughters sustained injuries, hence he objected to grant bail to the petitioner.
5. In reply the learned counsel for the petitioner would submit that the petitioner is ready to pay a sum of Rs.10,000/- towards the medical expenses incurred by the injured children thereby he seeks bail.
6. Heard. Perused the materials available on record including the First Information Report.
7. 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 voluntary offer made by the petitioner, 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.I, Tirunelveli and on further conditions that:
[b] at the time of furnishing sureties the petitioner or his relatives shall draw a demand draft for a sum of Rs.10,000/- in favour of the defacto complainant namely Jahir Hussain and hand over the same to the learned Judicial Magistrate No.I, Tirunelveli who inturn shall summon the defacto complainant and hand over the same to the defacto complainant.
[c] 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. [d] the petitioner shall report before the respondent police daily at 6.30 p.m., for a period of two weeks and thereafter on every Saturday, until further orders.
[e] the petitioner shall not commit any offences of similar nature.
[f] the petitioner shall not abscond either during investigation or trial.
[g] the petitioner shall not tamper with evidence or witness either during investigation or trial.
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[h] 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].
[i] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 08/02/2023 / TRUE COPY / 08/02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE, TRAFFIC INVESTIGATION WING, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.THAMOTHARAKANNAN, Advocate ( SR-1998[I] dated 08/02/2023 )
ORDER
IN CRL OP(MD) No.2555 of 2023 Date :08/02/2023 RS/VR/SAR.(08.02.2023) 3P-7C 3/3