S.Kannadasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI S.Kannadasan ... Petitioner/Accused 7 Vs State Rep.by The Inspector of Police, Illuppur Police Station, Pudukottai District.

(Crime No.52/2023) ... Respondent/Complainant For Petitioner : M/s.Mohamed Ayyadurai.N., Advocate. For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 52 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A7, who was arrested and remanded to judicial custody on 01.03.2023 for the offences punishable under Sections 147, 294(b), 323, 324, 307 and 506(ii) of IPC @ 302 of IPC in Crime No.52 of 2023 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to some wordy quarrel while riding the two wheeler, the accused persons joined together abused the son of the de-facto complainant, attacked him with deadly weapons, due to which, he sustained injuries and later died. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that this is the third application for bail and the earlier bail applications were dismissed by this Court, dated 06.04.2023 and 25.04.2023 in Crl.O.P.(MD)Nos.6400 and 7717 of 2023. He would further submit that the co-accused has already been released on bail. Hence, he prayed for bail.

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4.The learned Additional Public Prosecutor appearing for the respondent raised objection stating that this is the third application for bail and the earlier bail application were already dismissed by this Court, dated 06.04.2023 and 25.04.2023 in Crl.O.P. (MD)Nos.6400 and 7717 of 2023. Now, the investigation almost completed and the final report made ready.

5.Considering the facts and circumstances of the case and also the facts that the co-accused has already been released on bail and the investigation almost completed and the final report made ready and also considering the period of incarceration and into consideration, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Principal District Munsif cum Judicial Magistrate, Illuppur, 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 report before the respondent police daily at 10.30 A.M., until further orders.

[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/- 18/05/2023 / TRUE COPY / 19/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE PRINCIPAL DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ILLUPPUR. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, PUDUKOTTAI. 4 THE INSPECTOR OF POLICE, ILLUPPUR POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.N.MOHAMED AYYADURAI, Advocate ( SR-7568[I] dated 18/05/2023 )

ORDER

IN CRL OP(MD) No.9322 of 2023 Date :18/05/2023 RS/VR/SAR-3(18.05.2023) 3P 7C 3/3