Muthuselvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.06.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Muthuselvam ... Petitioner/Accused 1 Vs State rep. by The Inspector of Police, Thottiyam Police Station, Trichy District.

(Cr.No.141 of 2023) ... Respondent/Complainant For Petitioner : Mr.AN.RAMANATHAN, Advocate For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.141 of 2023 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 22.05.2023 for the offence under sections 294(b), 323, 324 & 307 IPC in Crime No.141 of 2023 on the file of the respondent police seeks bail.

2.The case of the prosecution is that due to civil dispute, the accused persons, attacked the defacto complainant with aruval. Hence the case.

3.Heard both sides and perused the materials available on record including the First Information Report. 4.Taking into consideration of the above facts and circumstances and also considering the fact that the injured person has already been discharged from the hospital, this court is inclined to grant bail to the petitioner on condition that the petitioner shall pay a sum of Rs.10,000/-(Rupees Ten Thousand only) directly to the defacto complainant by way of Demand Draft, within a 1/3

period of two weeks from the date of receipt of a copy of this order and shall produce the receipt/acknowledgment before the learned Judicial Magistrate, Thottiyam, Trichy District, failing which, the bail granted to the petitioner shall stand cancelled automatically. [a]On such production of receipt/acknowledgment, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood sureties each for a like sum to the satisfaction of the Judicial Magistrate Court, Thottiyam, Trichy District 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., for a period of two weeks and thereafter, as and when required.

[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/- 07/06/2023 / TRUE COPY / 07/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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GNS TO 1 THE JUDICIAL MAGISTRATE COURT, THOTTIYAM, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE OFFICER INCHARGE, SUB JAIL, MUSIRI.

4 THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.RAMANATHAN. AN Advocate SR.No.8210

ORDER

IN CRL OP(MD) No.9892 of 2023 Date :07/06/2023 SA/VR/SAR. /07.06.2023/3P/7C 3/3