Ganesan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/03/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Ganesan, ... Petitioner/Accused No.2 Vs The Inspector of Police, Natchiyarkoil Police Station, Thanjavur District.
Crime No.32/2024 ... Respondent/Complainant For Petitioner : Mr.B.Jameelarasu, 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.32/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 1/5
11.01.2024 for the offence punishable under Sections 294(b), 448, 307 and 506(ii) IPC and Section 25(1-A) of Arms Act, in Crime No.32 of 2024 on the file of the respondent Police, seeks bail.
2.The case of the prosecution is that on 10.01.2024, the petitioner and his son demanded money from the defacto complainant by showing weapon and abused him in filthy language and threatened 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 is in judicial custody from 11.01.2024. Hence, he prays for bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that apart from this case, two previous cases are pending against the petitioner.
5. Heard the learned counsel on either side.
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6. Considering the facts and circumstances of the case and the period of incarceration suffered by the petitioner, this court is inclined to grant bail to the petitioner, subject to the following conditions:
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, Kumbakonam, Thanjavur 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., till the completion of investigation. (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
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(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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 06/03/2024 / TRUE COPY / 06/03/2024 Sub-Assistant Registrar( ) Madurai Bench of Madras High Court, Madurai - 625 023.
SSB TO 1 THE JUDICIAL MAGISTRATE NO.II KUMBAKONAM, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
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3 THE INSPECTOR OF POLICE NATCHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3589 of 2024 Date :06/03/2024 SS/SAR- /06/03/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5