Panchacharam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.07.2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Panchacharam ... Petitioner/Accused 2 Vs The Inspector of Police, All Women Police Station, Paramakudi, Ramanthapuram District.
Cr.No.7/2016 ... Respondent/Complainant For Petitioner : Mr.CN.Tamizharasan, 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 Cr No.7 of 2016 on the file of the respondent Police. ORDER : The Court made the following order :- This Petition is filed to enlarge the petitioner on bail in connection with the C.C.No.159 of 2021 on the file of the learned Judicial Magistrate, Paramakudi, Ramanathapuram District.
2.The petitioner, who was arrested and remanded to judicial custody on 12.07.2024 1/4
for the offences punishable under Sections 498(A), 494, 506(i) and 109 IPC and section 4 of D.P.Act in Cr.No.7 of 2016 on the file of the respondent police, seeks bail. 3.Earlier the petitioner was granted bail in Crime No.7 of 2016. After filing charge sheet, as the summon could not be served upon the petitioner, the trial Court, has issued non bailable warrant in the year 2023, for appearance on him and he was arrested on 12.07.2024.
4.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 12.07.2024, hence he may be enlarged on bail.
5.The learned Additional Public Prosecutor would submit that if the petitioner released on bail, again he will abscond and trial will not be proceeded further. Hence, he strongly opposed to grant bail.
6.Considering the facts and circumstances of the case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.
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 2/4
learned Judicial Magistrate, Paramakudi, Ramanathapuram District. [i] the sureties shall affix their photographs and Left thumb Impression in the surety bond and the Special Court/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 learned Judicial Magistrate, Paramakudi, Ramanathapuram District in all hearing dates, without fail. [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 Judicial 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]. [vii] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 25/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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GNS TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI, RAMANATHAPURAM DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM.
4 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, PARAMAKUDI, RAMANTHAPURAM DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.11552 of 2024 Date :25/07/2024 SA/SAR. /26.07.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4