Panchacharam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Panchacharam, ... Petitioner/Accused No.1 Vs The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

Cr.No.107/2024.

... Respondent/Complainant Ramachandhiran

...Petitioner/Intervener/ Defacto Complainant

in CRL MP(MD)No. 7592 of 2024 For Petitioner : M/s.Subramanian.A,Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervener : Mr.K.Sivabalan, Advocate in CRL MP(MD)No. 7592 of 2024 PETITION FOR BAIL Under Sec. 483 of BNSS PRAYER :- For Bail in Crime No.107 of 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 1/5

06.07.2024 for the offences punishable under Sections 329(4), 296(b), 115(2), 118(1), 351(3) of BNS, 2023 and Section 4 of Prohibition of Harassment of Women Act, 2002 in crime No.107 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to property dispute, the petitioner herein has attacked the defacto complainant with rod and also abused him in filthy language. 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 falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 06.07.2024, hence, he may be granted bail. 4.The learned Additional Public Prosecutor would submit that the injured was discharged from the hospital and the petitoiner is having 5 previous cases and the coaccused has already been released on bail.

5. The learned counsel for the intervenor submitted that the petitioner herein has repeatedly doing the same offence and hence, he strongly opposed to grant bail to the petitioner.

6. Considering the facts and circumstances of the case and that the injured was discharged from the hospital and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions. 2/5

7.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, Paramakudi, Ramanathapuram District and on further conditions 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 report before the Inspsector of Police, Town Police Station, Rameshwaram 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 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]. 3/5

vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 31/07/2024 / TRUE COPY / 31/07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO THE JUDICIAL MAGISTRATE PARAMAKUDI RAMANATHAPURAM DISTRICT DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

THE SUPERINTENDENT, DISTRICT PRISON, RAMANATHAPURAM.

THE INSPECTOR OF POLICE CHATRAKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

4/5

COPY TO THE INSPECTOR OF POLICE RAMESHWRAM.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-9010[I] dated 31/07/2024 )

ORDER

IN CRL OP(MD) No.11454 of 2024 Date :30/07/2024 PKP/31.07.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5