Pandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.03.2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Pandi ... Petitioner/Sole Accused Vs The Inspector of Police, Cumbum South Police Station, Theni District.
(Crime No.31 of 2024) ... Respondent/Complainant For Petitioner :
Mr.D.Rameshkumar, 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.31 of 2024 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 11.02.2024 for the alleged offence punishable under Sections 294(b), 307 IPC in Crime No.31 of 2024, on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that the petitioner and the defacto complainant 1/4
are friends. The defacto complainant is running a pork shop. The petitioner used to eat at the defacto complainant's shop and refused to pay the amount. Due to which, there was a wordy quarrel arose between them and the petitioner assaulted the defacto complainant. 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. Hence, he prays for bail. 4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the injured person has already been discharged from the hospital. 5.Considering the facts and circumstances of the case and considering the fact that the injured person has already been discharged from the hospital and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.
Book to ensure their identity;
(b)the petitioner is directed to appear before the respondent police as and when required;
(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 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/- 13/03/2024 / TRUE COPY / 13/03/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM, THENI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE INSPECTOR OF POLICE, CUMBUM SOUTH POLICE STATION, THENI DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT PRISON, THENI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.3997 of 2024 Date :13/03/2024 RS//SAR-(13.03.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4