Mahendran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7367 of 2023 Mahendran ... Petitioner/Accused No.1 Vs The State represented by The Inspector of Police, Thirupachethi Police Station, Thirupachethi, Sivagangai District.
(In Crime No.36/2023).
... Respondent/Complainant For Petitioner : M/s.Ponraj.P, Advocate.
For Respondent : Mr.R,M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.36 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner /A1 who was arrested and remanded to judicial custody on 07.03.2023 for the offences under sections 294(b),342,307 of IPC in Crime No.36 of 2023 on the file of the respondent police seeks bail.
2. The case of the prosecution is that due to dispute between the parties on 06.03.2023 at about 11.10 pm., the petitioner along with other accused abused one Selvendran in filthy language and wrongfully restrained him assaulted him with intention to murder him using sickle, 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 fact that it is dispute between
the brothers and also the fact that the injured has been discharged from the hospital and also the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions:
[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 sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirupuvanam, Sivagangai District 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 stay at Dingidul and report before the Dindigul Town North Police Station daily at 10.30 am., and 5.30 pm., for a period of two weeks and thereafter report before the respondent police daily at 10.30 A.M. and 5.30P.M., for a period of two weeks and thereafter as and when required for interrogation. [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.
sd/- 20/04/2023 / TRUE COPY / 20/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV
TO 1 THE JUDICIAL MAGISTRATE, THIRUPUVANAM, SIVAGANGAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.
3 THE INSPECTOR OF POLICE THIRUPACHETHI POLICE STATION, THIRUPACHETHI, SIVAGANGAI DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM/.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL. +1 CC to M/s.PONRAJ.P, Advocate ( SR-6177[I] dated 20/04/2023 )
ORDER
IN CRL OP(MD) No.7367 of 2023 Date :20/04/2023 SS/VR/SAR /20/04/2023/3P/8C