James @ Muniyandi v. Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN James @ Muniyandi ... Petitioner/4th Accused Vs The State rep.by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

Crime No.787 of 2020. ... Respondent/Complainant For Petitioner : M/s.Lenin Kumar, Advocate.

For Respondent : Mr.M.Chandrasekaran, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.787 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner herein was arrested and remanded to judicial custody on 23.07.2020 for the alleged offences under Sections 341, 294(b), 342 and 307 of IPC.

2. There are totally four accused in this case. The petitioner herein is arrayed as A4. The case of the prosecution is that on 22.07.2020 due to previous enmity the petitioner herein along with other accused said to have attacked the injured with weapons and caused injury. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the above case. He would also submit that the injured was also discharged from the hospital.

4. The learned Additional Public Prosecutor would submit that due to previous enmity the petitioner herein along with other accused said to have attacked the injured with weapons and caused 1/3

injury. A1 and A2 are still absconding. He would also submit that the injured was also discharged from the hospital.

5. Taking note of the above facts and circumstances of the case and also taking note of the fact that the injured was already discharged from the hospital and the fact that investigation is almost completed, 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.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District 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 until further orders.

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 thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/08/2020 / TRUE COPY / /08/2020 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.

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TO 1.THE JUDICIAL MAGISTRATE NO II, SIVAKASI.

2.DO THROUGHT THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3.THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

4.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

ORDER

IN CRL OP(MD) No.8526 of 2020 Date :19/08/2020 AAV AE/PN/SAR.3/19.08.2020/3P/6C 3/3