Madras High CourtCRL OP(MD)/5839/2024granted

Jesudoss Bernad Ratnam v. The Inspector Of Police

2024-04-16Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Jesudoss Bernad Ratnam, Wrongly mentioned as Jesudhasrathiinam ... Petitioner/Accused 1 Vs The Inspector of Police, Valliyoor Police Station, Tirunelveli District.

(Crime No.156/2024).

... Respondent/Complainant For Petitioner :Mr.K.K.SAMY, Advocate.

For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.156 of 2024 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner, who was arrested on 07.04.2024 for the alleged offence under Sections 109, 427, 294(b), 506(ii) of IPC and Section 3 of TN Public Property (Prevention of Damages & Loss) Act, 1992, in Crime No.156 of 2024 on the file of the 1/4

respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused has damaged the photo frame of one Michel, who is an ex-DMK Party member and abused the defacto complainant in filthy language and threatened him with dire consequences.

3.The learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. The petitioner does not belong to any political party. The prosecution has not secured the second accused so far and in order to satisfy the higher officials, they have registered the case as against this petitioner. 4.The learned Additional Public Prosecutor appearing for the respondent submits that no previous case is pending as against this petitioner.

5. Considering the facts and circumstances of this case, considering the antecedents of this petitioner and considering the period of incarceration, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Valliyoor. 2/4

ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall report before the respondent police as and when required and shall co-operate for the enquiry. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail.

sd/- 16/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( A.D.II ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE, VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.K.K.SAMY, Advocate ( SR-4448[I] dated 16/04/2024 ) ORDER IN CRL OP(MD) No.5839 of 2024 Date :16/04/2024 SA/SAR. /16.04.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4