M.Pandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2023 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR M.Pandi, ... Petitioner/Accused 1 Vs The Inspector of Police, Sivakasi East Police Station, Virudhunagar District.
(Crime No.189/2023).
... Respondent/Complainant For Petitioner : M/s.BALAKRISHNAN R, 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.189 of 2023 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/sole accused, who was arrested and remanded to judicial custody on 23.05.2023 for the offences punishable under Sections 294(b),324,307 and 506(ii) of IPC in Crime No.189 of 2023 on the file of the respondent police seeks bail. 2.The case of the prosecution is that on 23.05.2023 mid night at 12.30 hrs when the defacto complainant was sitting in front of his house, due to previous enmity the petitioner and his brother came to the house of the defacto complainant abused him in filthy language and inorder to kill him assaulted him with sickle and thereby caused injuries on his head and also threatened him with dire consequences. Hence the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner is in judicial custody from 23.05.2023 and the injured has been discharged from the hospital, hence he may be granted bail.
1/3
4. The learned Additional Public Prosecutor would submit that the petitioner as well as the defacto complainant are history sheeted persons and the defacto complainant has seven previous cases and the petitioner has nine previous cases. He would further submit that the injured has been discharged from the hospital.
5. Taking into consideration the facts and circumstances of the case and also the fact the injured has been discharged from the hospital and also taking into consideration the period of incarceration, this Court is inclined to release the petitioner on bail, subject to the following conditions:
6.Accordingly, the petitioner is ordered to be released on bail on his 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 No.II, Sivakasi 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 report before the respondent police daily at 10.30 am., for a period of four weeks and thereafter as and when required for interrogation.
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]. vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 28/06/2023 / TRUE COPY / 28/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
AAV TO 1 THE JUDICIAL MAGISTRATE NO.II SIVAKASI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.
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.BALAKRISHNAN R Advocate SR.No.9817
ORDER
IN CRL OP(MD) No.11664 of 2023 Date :28/06/2023 SA/VR/SAR. /28.06.2023/3P/7C 3/3