Kannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Kannan ... Petitioner/Accused NO.1 Vs The Inspector of Police, Kannivadi Police Station, Dindigul, Crime No.181/2024.
... Respondent/Complainant Sudhakar ...Intervener/ Defacto Complainant For Petitioner :Mr. P.Manikandan, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For intervenor : Mr. K. Asok Kumar Ram , Advocate PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.181/2024 on the file of the respondent police 1/5
ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 07.07.2024 for the offences punishable under Sections 126(2), 296(b), 118(1), 351(3) of BNS in crime No.181 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to civil dispute, the petitoner herien went to the defacto complainant's land and attacked his father. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been false implicated in this case. He would further submit that the petitioner is in judicial custody from 07.07.2024, hence, he may be granted bail. 4.
The learned Additional Public Prosecutor would submit that there was a previous motive between the parties and the the petitoner herein is having three previous cases and the injured was discharged from the hospital. He would further submit that investigation of the case is pending and hence, strongly opposed to grant bail to the petitioner.
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5.Considering the submissions made by the learned counsel on either side and also considering the period of incarceration and that the inujured was discharged from the hospital, this Court is inclined to grant bail to the petitioner on certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on 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 the learned Judicial Magistrate, Aathoor, Dindigul District and on further condition that; (i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall appear before the Inspector of Police, Town Police Station, Palani daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation;
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(iii)the petitioner shall not tamper with evidence or witness; (iv)the petitioner shall not abscond during trial. v)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 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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 18/07/2024 / TRUE COPY / 18/07/2024 Sub-Assistant Registrar (CS -II ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. THE JUDICIAL MAGISTRATE, AATHOOR, DINDIGUL DISTRICT 4/5
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.
3. THE OFFICER IN CHARGE, DISTRICT JAIL, DINDIGUL. 4.THE INSPECTOR OF POLICE, KANNIVADI POLICE STATION, DINDIGUL,
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, TOWN POLICE STATION, PALANI
ORDER
IN CRL OP(MD) No.10530 of 2024 Date :18/07/2024 RK (18/07/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5