Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Kannan ... Petitioner/Sole Accused Vs The Inspector of Police, Thisayanvilai Police Station Tirunelveli District.

Crime No.316/2024.

... Respondent/Complainant For Petitioner : M/s.SURESH.P, Advocate For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.316/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.316 of 2024 for the offence under Sections 294(b) and 506(ii) IPC and Section 3 of 1/5

TNPPDL Act and remanded him into judicial custody on 28.05.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that on 25.05.2024, the petitioner has caused damage to the bore water pipe and motor wire, which are meant for the usage of public. When the defacto complainant has questioned the same, the accused has abused him using filthy language, and threatened him with dire consequences. Hence the case.

3. The learned counsel for the petitioner submits that this is a politically motivated complaint and that the petitioner has worked as against the Panchayat President in the Panchayat Election. He further submits that in order to show his bonafide, the petitioner is also prepared to deposit a sum of Rs.30,000/- to the credit of the Crime No.316 of 2024, pending before the respondent police. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent opposed for grant of bail on the ground that the petitioner is having three previous cases in his credit.

5. Considering the facts and circumstances of the case, the period of incarceration and also considering the undertaking given on behalf of the petitioner that the petitioner is ready to pay a sum of Rs.30,000/- to the credit of the Crime 2/5

No.316 of 2024, pending before the respondent police, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Radhapuram, Tirunelveli District. ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iii) The petitioner shall appear before the learned District Munsif cum Judicial Magistrate, Radhapuram, Tirunelveli District, daily at 10.30 a.m. until further orders. He has to co-operate for the investigation.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well. v) On violation of any of the above conditions by the petitioner, 3/5

the respondent police shall move an application for cancellation of the bail.

7.The trial Court shall also disburse the said amount to be paid by the petitioner to the Panchayat President concerned, on the application filed by the Panchayat President.

sd/- 27/06/2024 / TRUE COPY / 27/06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION TIRUNELVELI DISTRICT.

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

+1 CC to M/s.P.SURESH, Advocate ( SR-7051[I] dated 27/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.9455 of 2024 Date :27/06/2024 SA/SAR. /27.06.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5