Duraipandi 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 Duraipandi ... Petitioner/Accused Vs The Inspector of Police, Thiruppalai Police Station, Madurai District.

(Crime No.688 of 2024) ... Respondent/Complainant For Petitioner : Mr.R.Venkatesan, Advocate for M/S.Right Law Associates 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.688 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 09.07.2024 1/5

for the offence punishable under Sections 311, 351(2) BNS in Cr.No.688 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner extorted a sum of Rs.1,200/- from the defacto complainant by attacking him. 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 petitioner is in judicial custody from 09.07.2024, hence he may be released on bail.

4.The learned Additional Public Prosecutor would submit that the investigation is yet to be completed. However, he fairly conceded that no previous case is pending against the petitioner.

5.Considering the period of incarceration and also considering the fact that no bad antecedent is reported against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions.

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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, Madurai.

[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 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 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]. 3/5

[vii] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/07/2024 / TRUE COPY / 29/07/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE NO.II MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE THIRUPALAI POLICE STATION, MADURAI DISTRICT 4 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.

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

+1 CC to M/s.M/S.RIGHT LAW ASSOCIATES, Advocate ( SR-8807[I] dated 29/07/2024 ) 4/5

ORDER

IN CRL OP(MD) No.11964 of 2024 Date :29/07/2024 SS/SAR- /29/07/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5