Jagadeesan v. The Inspector Of Police

CRL OP(MD). No.10974 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.10974 of 2023 Jagadeesan ... Petitioner/Accused No.6 Vs State Rep.by The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.

Cr.No.178/2023.

... Respondent/Complainant For Petitioner : M/s.Veerapandiselvaraj S, 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.178/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A6 who was arrested and remanded to judicial custody on 10.06.2023 for the offence punishable under Sections 147, 148, 294(b), 326, 442 and 307 IPC, in Crime No.178 of 2023 on the file of the respondent police, seek bail.

2.The case of the prosecution is that there existed matrimonial dispute between the defacto complainant's husband's brother and his wife. Due to the same, the accused persons attacked the defacto complainant and her husband and also abused in filthy language. Hence, the complaint 3.Heard both sides and perused the materials available on record including the First Information Report. 4.Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration and also the fact that co- accused were granted bail by this Court, 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.10,000/- (Rupees https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.10974 of 2023 Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sivakasi 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/- 20/06/2023 / TRUE COPY / 20/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

4 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.S.VEERAPANDISELVARAJ, Advocate ( SR-9079[I] dated 20/06/2023 ) ORDER IN CRL OP(MD) No.10974 of 2023 Date :20/06/2023 RS/SSS/SAR-(20.06.2023) 2P 7C https://www.mhc.tn.gov.in/judis 2/2