Essaki Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Essaki Pandi ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

(Crime No.46 of 2022).

... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.46 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who was arrested and remanded to judicial custody on 27.02.2022 for the offences punishable under Sections 294(b), 323, 307 and 506(2) IPC r/w Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.46 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there existed pathway dispute between the parties, the petitioner assaulted the defacto complainant by using Aruval and abused the defacto complainant and his wife in filthy language and also threatened them with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor would submit that the injured was already discharged from the hospital and that the petitioner is not having any previous cases.

1/3

5.Considering the facts that there existed pathway dispute between the parties, that the injured was already discharged from the hospital, that except the offences under Sections 506(2) and 307 IPC and Section 4 of TNPHW Act, all other offences are bailable in nature and that the petitioner is not having any previous cases for similar offence or serious offence, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Srivaikundam. (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 report before the respondent police daily at 10.30 a.m., for a period of thirty (30) days and thereafter, as and when required for interrogation; (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 / petitioner thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 31/03/2022 / TRUE COPY / 31/03/2022 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.

2/3

TO

1. THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.

4. THE INSPECTOR OF POLICE, MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.6002 of 2022 Date :31/03/2022 CSM MS/PN/SAR-2/31.03.2022/3P.6C 3/3