D.Suriya @ Surya Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/03/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI D.Suriya @ Surya Pandi, ... Petitioner/Accused No.7 Vs The Inspector of Police, Anna Nagar Police Station, Madurai City.

In Crime No.790/2023.

... Respondent/Complainant For Petitioner : M/s.Sathya Chithambaram S, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.790/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A7, who was arrested and remanded to judicial custody on 1/5

01.02.2024 for the offences punishable under Sections 147, 148, 342, 294(b), 307 and 302 of IPC @ 120B, 147, 148, 342, 294(b), 307, 302 and 109 of IPC, in Crime No.790 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there was an enmity between the deceased person, namely, Navaneethan and the accused persons with regard to illegal transportation of PDS rice. On 23.11.2023, when the deceased and the defacto complainant were standing near one Plastic Company at Vandiyoor, Madurai, the accused persons came there and attacked the defacto complainant and the deceased and thereby, the deceased lost his life and the defacto complainant sustained grievous injuries. 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 has been falsely implicated in this case and the co-accused have already been released on bail by this Court in Crl.O.P.(MD)Nos.1239 and 1143 of 2024 and by the trial Court in Crl.M.P.Nos.898 and 971 of 2024. He would further submit that the petitioner is in judicial custody from 01.02.2024. Hence, he prays for bail. 2/5

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner and other accused have involved in illegal transportation of PDS rice and the deceased and the defacto complainant are also the offenders of illegal transportation of PDS rice. There was a dispute between the parties with regard to illegal transportation of PDS rice, for which, the petitioners attacked the deceased and the defacto complainant and thereby, the deceased has lost his life and the defacto complainant sustained injuries. Subsequently, the defacto complainant was discharged from the hospital. Hence, he vehemently opposed for grant of bail.

5. Heard the learned counsel on either side.

6.Considering the facts and circumstances of the case and the period of incarceration and the fact that there is no specific overt act against the petitioner and the co-accused have already been enlarged on bail, this court is inclined to grant bail to the petitioner, subject to the following conditions: 7.Accordingly, this Criminal Original Petition is ordered and the petitioner is 3/5

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.VI, Madurai, 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., until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(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 4/5

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/- 08/03/2024 / TRUE COPY / 08/03/2024 Sub-Assistant Registrar (CO) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO

1. The Judicial Magistrate No.VI, Madurai.

2. Do-Through The Chief Judicial Magistrate, Madurai District.

3. The Superintendent, Central Prison, Madurai.

4. The Inspector of Police, Anna Nagar Police Station, Madurai City.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.3713 of 2024 Date :08/03/2024 RK (08/03/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5