Prem Kumar 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 Prem Kumar ... Petitioner/Sole Accused Vs The Inspector of Police, Watrap Police Station, Virudhunagar District.
Crime No. 161/2024.
... Respondent/Complainant For Petitioner : Mr.M.Pandian, 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. 161 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody 1/5
on 09.07.2024 for the offences punishable under Sections 296(b), 109, 351(3) of BNS, in Crime No.161 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to previous enmity, the petitioners along with other accused, abused the defacto complainant in filthy language and attacked him with aruval and caused injuries to him. Hence, the complaint. 3.The learned counsel for the petitioner the petitioner is innocents and he has not committed any offence as mentioned in the FIR. He would further submit that the injured was discharged from the hospital and the petitioner is in judicial custody from 09.07.2024 and hence, he may be granted bail. 4.The learned Additional Public Prosecutor would submit that the investigation is in preliminary stage and the petitioner is having 4 previous cases.
But, however, he fairly conceded that the injured was discharged from the hospital. 5.Considering the period of incarceration and also considering the fact that the injured was discharged from the hospital, 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.1, Srivilliputhur. (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 Vilathikulam Town Police Station, Thoothukudi, 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 30/07/2024 / TRUE COPY / 30/07/2024 Sub-Assistant Registrar (CS-I/ II / III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO
1. THE JUDICIAL MAGISTRATE NO.1, SRIVILLIPUTHUR.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT @ SRIVILLIPUTHUR.
3. THE OFFICER IN CHARGE, DISTRICT JAIL, VIRUDHUNAGAR..
4. THE INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, VILATHIKULAM TOWN POLICE STATION, THOOTHUKUDI, 4/5
ORDER
IN CRL OP(MD) No.12081 of 2024 Date :30/07/2024 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