Dinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Dinesh ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.

Crime No.37 of 2022. ... Respondent/Complainant For Petitioner : M/s.Vishnu V, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.37 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A.2, who was arrested and remanded to judicial custody on 27.02.2022 for the offences punishable under Sections 147, 148, 294(b), 323, 506(ii) and 307 IPC, in Crime No.37 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 26.02.2022, while the de-facto complainant was returning home after watching movie, the petitioner and other accused persons intercepted the de-facto complainant and questioned about the whereabouts of one Jayachandran, for that the complainant answered he does not know, however, the accused persons attacked the de-facto complainant with his knife and threatened him with dire consequences. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner's earlier application was dismissed by this Court since the petitioner was detained under the Tamil Nadu Act-14 of 1982 and that subsequently, vide G.O.RT.No.2539, dated 06.05.2022, his detention order was revoked. He would further submit that A1 and A3 were already arrested and released on bail.

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4.The learned Government Advocate (Crl. side) would submit that the injured was discharged from the hospital. 5.Considering the above facts and circumstances and also taking note of the fact that the petitioner is in judicial custody from 27.02.2022 and also the facts that the injured was discharged from the hospital, that the detention order against the petitioner was revoked and that A1 and A3 were already arrested and released on bail, this Court is inclined to grant bail to the petitioner subject to the following conditions: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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thirumayam. (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 / petitioner thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 13/06/2022 / TRUE COPY / 13/06/2022 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, THIRUMAYAM.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 4 THE INSPECTOR OF POLICE, PONNAMARAVATHI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10323 of 2022 Date :13/06/2022 RS/VR/SAR.1 (13.06.2022) 3P-6C 3/3