Ramu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/07/2021 PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP 1.Ramu 2.Manikandan 3.Bala @ Balamurugan ... Petitioners/Accused Nos.2 to 4 Vs The State represented by its The Inspector of Police, Manamadurai Police Station, Sivagangai District.

Crime No.363/2021). ... Respondent/Complainant For Petitioner : Mr.M.S.Jeyakarthik, Advocate. For Respondent : Mr.Antony S.Prabhakar, Additional Public Prosecutor.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.363/2021 on the file of the respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioners are arrayed as accused Nos.2 to 4 in this case. They were arrested and remanded to Judicial Custody on 08.07.2021 for the offences punishable under sections 294(b), 324 and 506(ii) of IPC @ 294(b), 324, 506(ii) and 307 of IPC in Crime No.363 of 2021 on the file of the respondent police. They seek bail. 3.The case of the prosecution is that on 01.07.2021, when the defacto complainant's son and his friends playing Volley Ball, the accused came there and abused him by using filthy languages. This resulted in attacking the defacto complainant's son. Hence, the complaint.

4.The learned counsel appearing for the petitioners submits that the petitioners are innocent and they did not commit any offence as alleged by the prosecution.

5.The learned Additional Public Prosecutor appearing for the respondent concedes that the injured had been discharged from the hospital.

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6.Taking note of the facts and circumstances of this case that the injured had been discharged from the hospital, I am inclined to enlarge the petitioners on bail with certain conditions. 7.At this stage, the learned counsel appearing for the petitioner submitted that while granting bail to the petitioners, the petitioners may be directed to appear and report before the any other police stations other than the respondent police station. 8.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Manamadurai and on further conditions that:

[a] 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. [b] In view of the submission made by the learned counsel for the petitioners, the petitioners shall report before the Inspector of Police, Sivagangai Town Police Station daily at 10.00 am., until further orders instead of appearing before the respondent police. [c] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court themselves 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/- 22/07/2021 / TRUE COPY / / /2021 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, 2/3

ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, SIVAGANGAI.

4 THE INSPECTOR OF POLICE MANAMADURAI TOWN POLICE STATION, SIVAGANGAI DISTRICT.

5 THE INSPECTOR OF POLICE SIVAGANGAI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate(SR-4763[I] dated 22/07/2021)

ORDER

IN CRL OP(MD) No.9709 of 2021 Date :22/07/2021 MM MK/JC/SAR.I/22.07.2021/3P/8C 3/3