Thangapandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Thangapandian, ... Petitioner/Sole Accused Vs The Inspector of Police, V.K Pudur Police Station, Tenkasi District.

Crime No. 63 of 2024.

... Respondent/Complainant For Petitioner : M/s. Rathnavel Pandian.C, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 63 of 2024 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 16.06.2024 for the offences punishable under Sections 294(b) & 307 of IPC and Section 4 of TNPWH Act, in crime No.63 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner obtained a sum of Rs.85,000/- as a loan from the Self Helping Group and handed over the same to the daughter inlaw of the defacto complainant. and thereafter, without repaying the same, the 1/4

daughter in-law of the defacto complainant went to Kerala. When the same was demanded, there was wordy quarrel arose between the petitioner and the defacto complainant. Due to which, the petitioner abused the defacto complainant in filthy language and also attacked the defacto complainant. Hence, the case. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the injured was discharged from the hospital and no previous case is pending against the petitioner. Further, he is in judicial custody from 16.06.2024, hence he may be released on bail.

4.The learned Additional Public Persecutor would submit that the investigation is yet to be completed. However, he fairly conceded that the injured was discharged from the hospital and no previous case is pending against the petitioner. 5.Considering the period of incarceration and also considering the facts that the injured was discharged from the hospital and no bad antecedent is reported against the petitioner, 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 2/4

learned Judicial Magistrate, Alangulam, Tenkasi District. (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 a.m., 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 24/07/2024 / TRUE COPY / 24/07/2024 Sub-Assistant Registrar ( C.O ) Madurai Bench of Madras High Court, Madurai - 625 023.

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DSS TO 1 THE JUDICIAL MAGISTRATE, ALANGULAM, TENKASI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE, V.K PUDHUR POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.C.RATHNAVEL PANDIAN, Advocate ( SR-8519[I] dated 24/07/2024 ) ORDER IN CRL OP(MD) No.11380 of 2024 Date :24/07/2024 SA/SAR. /24.07.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4