Pandeeswaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Pandeeswaran, ... Petitioner/Accused No.1 Vs The Inspector of Police, Vembakottai Police Station Virudhunagar District.
Crime No.91/2024.
... Respondent/Complainant For Petitioner : Mr.R.Karunanidhi, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. PRAYER :- For Bail in Crime No.91/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 17.04.2024 for the offences punishable under Sections 294(b), 342 and 302 IPC, in 1/5
crime No.91 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous enmity, on 17.04.2024 at about 11.40 am, the petitioner abused the father of the de-facto complainant in filthy language and also stabbed him with knife on his left side neck and shoulder and thereby he died.
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 petitioner is in judicial custody from 17.04.2024, hence he may be released on bail.
4.The learned Additional Public Prosecutor would submit that the investigation has been completed and charge sheet filed and the same was taken on file as P.R.C.No.15 of 2024. Totally three accused and the petitioner is arrayed as A1. Hence, he strongly opposed to grant bail.
5.Considering the facts and circumstances of the case and also considering the period of incarceration and charge sheet filed and numbered, this Court is inclined to 2/5
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 No.II, Sathur.
(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., until further orders;
(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 3/5
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]. (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 29/07/2024 / TRUE COPY / 30/07/2024 Sub-Assistant Registrar (CS-I/ II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO
1. THE JUDICIAL MAGISTRATE NO.II, SATHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
3.THE INSPECTOR OF POLICE, VEMBAKOTTAI POLICE STATION VIRUDHUNAGAR DISTRICT.
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4.THE OFFICER IN CHARGE, DISTRICT JAIL VIRUDHUNAGAR.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-8877[I] dated 29/07/2024 )
ORDER
IN CRL OP(MD) No.11520 of 2024 Date :29/07/2024 RK (30/07/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5