Chinnarajan @ Chinnarasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.05.2024 PRESENT The Hon`ble Mrs.Justice L.VICTORIA GOWRI Chinnarajan @ Chinnarasu ... Petitioner/A1 versus State Rep. by The Inspector of Police, Kayathar Police Station, Thoothukudi District.

... Respondent/Complainant For Petitioner : Mr.S.Saravanan Advocate For Respondent : Mr.A.Albert James, Government Advocate (Crl. side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.147 of 2024 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 1/5

26.04.2024 for the offences under Sections 294(b), 397, 307 and 506(ii) IPC and Section 25(1-A) of Arms Act, in Crime No.147 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 26.04.2024, the petitioner along with another accused demanded money from the defacto complainant. When the defacto complainant refused to pay the money, the petitioner abused him in filthy language and attempted to murder him with a sword and also made criminal intimidation against him. Hence, the case.

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 26.04.2024. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submits that the petitioner is having fifty four previous cases and the investigation is yet to be completed. Therefore, he opposes for grant of bail to the petitioner. 2/5

5. The learned counsel appearing for the petitioner disputed the same and submits that most of the cases are foisted against the petitioner.

6. 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 with certain conditions.

7. Accordingly, this Criminal Original Petition is ordered and 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 learned Judicial Magistrate No.II, Kovilpatti, 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] the petitioner shall appear before the respondent Police daily at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation by the respondent Police.

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[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/- 29/05/2024 / TRUE COPY / 29/05/2024 Sub-Assistant Registrar( ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 4/5

TO 1 THE JUDICIAL MAGISTRATE NO.II KOVILPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, PERURANI, THOOTHUKUDI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.SARAVANAN, Advocate ( SR-5905[I] dated 29/05/2024 )

ORDER

IN CRL OP(MD) No.7911 of 2024 Date :29/05/2024 SS/SAR- /29/05/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5