P.Thangapandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN P.Thangapandi ... Petitioner/Accused No.1 Vs State Rep. by The Inspector of Police, Nilakkotttai Police Station, Dindigul District, Crime No.61 of 2021. ... Respondent/Complainant For Petitioner : Mr.Santhanam.R., Advocate.

For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.61 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who was arrested on 16.02.2021 for the offences punishable under Sections 147, 148, 294(b), 323 and 302 I.P.C., in Crime No.61 of 2021 on the file of the respondent police, seeks bail.

2. Heard the learned Counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The learned Counsel for the petitioner/A.1 submitted that the petitioner is falsely implicated in this case due to previous enmity. He is judicial custody for 67 days from 16.02.2021 and the investigation in this case is completed and hence, prayed for release of the petitioner on bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed this petition on the ground that there is a 1/3

previous case pending against this petitioner for the alleged offence punishable under Sections 386 and 506(ii) I.P.C., and the case is pending for the receipt of serology report for completing the investigation.

5. It is seen from the submissions made that the father of the defacto complainant viz., Selvaraj, was an Advocate Clerk. There appears a dispute on 15.02.2021 at about 07.00 p.m. in the Anna Auto stand near Nilakkottai Sankaran Statue . When the auto driver Nagaraj was asked to be hired by Kandikaruppan and other, Nagaraj refused to ply them for the reason that they were under the influence of alchohol. On the same day, at about 8.00pm., the first accused Kandikaruppan and other accused came with knife, aruval and uruttukattai and enquired about Nagaraj and shouted. The deceased Selvaraj told them as to why they shouted at this night and asked them to come in the morning for a talk. The first accused had previous enmity with the deceased.

Therefore, the first accused Kanikaruppan and his sons Pradap, Johnan @ Chinna Karuppiah, Ganesan and others scolded the deceased in a filthy language and they indiscriminately attacked him with hands and as a result, the deceased fell down and sustained injury in his head and later succumbed to injuries. Therefore, this case is came to be registered.

6. Considering the factual circumstances in which the incident had happened, the fact that the deceased was said to have been beaten only with hands by several accused and the fact that the petitioner/A.1 is in judicial custody from 16.02.2021 and the investigation is also completed, this Court is inclined to grant bail to the petitioner.

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, Nilakkottai, Dindigul District and on further condition 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 shall report before the respondent police daily at 10.30 am., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/04/2021 / 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.

TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, NILAKKOTTTAI POLICE STATION, DINDIGUL DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

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

ORDER

IN CRL OP(MD) No.5190 of 2021 Date :23/04/2021 SSL JM/VR/SAR III/23.04.2021/3P/6C 3/3