Y.Thaveethraj @ Thaveethuraja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Y.Thaveethraj @ Thaveethuraja ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Manur Police Station, Tirunelveli District-627 357.
(In Crime No.127/2023).
... Respondent/Complainant For Petitioner : M/s.Anto Prince G, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor(crl.side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.127 of 2023 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 18.03.2023 for the offences under sections 147,294(b),506(i) of IPC and Section 4 of TNPHW Act in Crime No.127 of 2023 on the file of the respondent police seeks bail.
2. The case of the prosecution is that on 17.03.2023 when the defacto complainant was travelling in the town bus the accused persons abused the defacto complainant in filthy language and threatened her with dire consequences and thereby caused harassment to her, hence the case.
3. Heard both sides and perused the materials available on record including the First Information Report.
4. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions:
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[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Tirunelveli and on further conditions that:
[b] 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. [c] the petitioner shall report before the respondent police daily at 10.30 A.M. until further orders.
[d] the petitioner shall not commit any offences of similar nature.
[e] the petitioner shall not abscond either during investigation or trial.
[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Judicial 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].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
[i] the petitioner shall file undertaking affidavit before the trial Court that he will not indulge in similar types of offences again. If the petitioner fails to comply with the said undertaking the respondent is at liberty to secure the petitioner and proceed in accordance with law.
sd/- 06/04/2023 / TRUE COPY / 06/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1 THE JUDICIAL MAGISTRATE NO.V TIRUNELVEI.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE, MANUR POLICE STATION, TIRUNELVELI DISTRICT-627 357.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.ANTO PRINCE G Advocate SR.No.5499
ORDER
IN CRL OP(MD) No.6387 of 2023 Date :06/04/2023 SA/VR/SAR. /06.04.2023/3P/C 3/3