Vignesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.05.2024 PRESENT THE HON`BLE MRS.JUSTICE S.SRIMATHY Vignesh ... Petitioner/Sole Accused Vs The Inspector of Police, Papanasam Police Station, Thanjavur District.
(In Crime No. 378 of 2024).
... Respondent/Complainant For Petitioner : Mr.S.Sathya Chidambaram,Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 378 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 21.04.2024, for the offence under Sections 294(b), 324 and 307 of IPC in Crime No.378 of 2024 on the file of the respondent police, seeks bail. 1/4
2. The case of the prosecution is that due to the previous enmity, the petitioner assaulted the defacto complainant and his friend with aruval. Hence, the complaint.
3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 21.04.2024. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate(Crl.side) appearing for the respondent police submits that the petitioner is having eight previous cases. Therefore, he objects to grant bail to the petitioner.
5. Considering the facts and circumstances of the case and also taking note of the period of incarceration, this court is inclined to grant bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail on his executing 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, Papanasam, Thanjavur District and on further conditions that :- a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. 2/4
b) the petitioner shall stay at Tirunelveli and report before the Inspector of Police, Thirunelveli Town Police Station, Thirunelveli daily at 10.30 a.m, until further orders.
c) the petitioner shall not abscond either during investigation or trial. d) the petitioner shall not tamper with evidence or witness either during investigation or trial.
e) 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 is 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].
f) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 23/05/2024 / TRUE COPY / 23/05/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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MGA/ABR TO THE JUDICIAL MAGISTRATE,PAPANASAM, THANJAVUR DISTRICT. DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM.
THE INSPECTOR OF POLICE PAPANASAM POLICE STATION,THANJAVUR DISTRICT.
THE OFFICER INCHARGE SUB JAIL, PAPANASAM, THANJAVUR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE TIRUNELVELI TOWN POLICE STATION, TIRUNELVELI.
ORDER
IN CRL OP(MD) No.7552 of 2024 Date :23/05/2024 PKP/23.05.2024/ 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4