Balamurugan @ Palmurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Balamurugan @ Palmurugan ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Devarkulam Police Station, Tirunelveli District.

Crime No.233 of 2021 ... Respondent/Complainant For Petitioner : Mr.S.Ramasamy, Advocate.

For Respondent : Mr.T.Senthilkumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.233 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A3, who was arrested on 09.09.2021 for the offence under Sections 109, 341, 294(b), 324, 307 and 506(ii) I.P.C, in Crime.No.233 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to election motive, the accused persons assaulted the defacto complainant with iron rod and caused injury. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he never attacked the defacto complainant as alleged by the prosecution. He further submitted that the petitioner is in judicial custody from 09.09.2021 and hence, he seeks for grant of bail.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the allegation as against this petitioner is that he instigated accused nos.1 and 2 to assault the defacto complainant. He would further submit that the victim has 1/3

been discharged from the hospital and the investigation is yet to be completed.

5.Considering the facts and circumstances of the case, the overt act attributed as against the petitioner, the fact that the injured has been discharged from the hospital and also the period of incarceration, this Court is inclined to grant bail to the petitioner.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/-(Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity. [b] the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders.

[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial. [d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Judge/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 Judge/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/- 29/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

TO

1. THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.

4. THE INSPECTOR OF POLICE, DEVARKULAM POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.14619 of 2021 Date :29/09/2021 MSA MS/VR/SAR-1/29.09.2021/3P.6C 3/3