Prabha @ Prabhakaran 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 Prabha @ Prabhakaran, ... Petitioner/Accused No.10 Vs The Inspector of Police, Thanjavur TMCH Police Station, Thanjavur District.
Crime No. 47/2024.
... Respondent/Complainant For Petitioner : Mr.K.Navaneetharaja, 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. 47 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 16.05.2024 for the offences punishable under Sections 147, 148, 149 and 302 IPC, in 1/5
crime No.47 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner and other accused have assaulted the son of the defacto complainant with deadly weapon, due to which, 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 16.05.2024, hence he may be released on bail.
4.The learned Additional Public Prosecutor would submit that totally ten accused and the petitioner is arrayed as A10 and he is not having any previous case and the investigation is yet to be completed. Hence, he strongly opposed to grant bail. 5.Considering the facts and circumstances of the case and also considering the period of incarceration and there is no previous case against the petitioner, this Court is inclined to grant bail to the petitioner on certain conditions. 2/5
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, Thanjavur. (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 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 3/5
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, THANJAVUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM 3.THE INSPECTOR OF POLICE, THANJAVUR TMCH POLICE STATION, THANJAVUR DISTRICT.
4.THE OFFICER IN CHARGE, DISTRICT JAIL, PUDUKOTTAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.K.NAVANEETHA RAJA, Advocate ( SR-8878[I] dated 29/07/2024 )
ORDER
IN CRL OP(MD) No.11965 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