Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Raja ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Uvari Police Station, Uvari, Tirunelveli District.

Crime No.22 of 2021 ... Respondent/Complainant For Petitioner : Mr.S.Palani Velayutham, Advocate.

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

PRAYER :- For Bail in crime no.22 of 2021 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 29.01.2021 for the offences punishable under Sections 294(b), 323,307,353,427 and 506(ii) of IPC on the file of the respondent police seeks bail.

2.The case of the prosecution is that on 24.01.2020 while the defacto complainant was in his auto stand the Sub Inspector of Police along with the petitioner travelled in his auto to Uvari Police Station and during the travel he came to under stand that the petitioner was arrested by the police and was taken to the police station. At that time the petitioner herein abused the defacto complainant in filthy language and strangulated the neck of the auto driver, in which both the auto driver and one Paramasivam sustained injuries and the auto was completely damaged. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted him. He would also submit that the injured got discharged from the hospital.

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4. The learned Additional Public Prosecutor would submit that the petitioner herein attacked the defacto complainant and one Paramasivam and caused injuries them. He would also submit that the injured got 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 got 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 each for a like sum to the satisfaction of the learned Judicial Magistrate, Radhapuram. 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 stay at Manavalakurichi and report before the Manavalakurichi Police Station daily at 10.30 a.m until further orders.

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/- 04/03/2021 / 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.

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TO 1.THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, UVARI POLICE STATION, UVARI, TIRUNELVELI DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

COPY TO:

THE INSPECTOR OF POLICE, MANAVALAKURICHI POLICE STATION, MANAVALAKURICHI.

ORDER

IN CRL OP(MD) No.2793 of 2021 Date :04/03/2021 AAV TK/VR/SAR.3/04.03.2021/3P/7C 3/3