Nambi Rajan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/10/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Nambi Rajan ... Petitioner/Accused No.2 Vs The State rep.by The Sub Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

Crime No.434 of 2021.

... Respondent/Complainant For Petitioner : Mr.S.SATHYACHIDAMBARAM, Advocate.

For Respondent : Mr.A.THIRUVADI KUMAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.434 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who was arrested on 29.09.2021, for the offence punishable under Sections 294(b), 307 and 506(ii) IPC, in Crime No.434 of 2021 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that on 29.09.2021, when the defacto complainant went to shop, the accused persons wrongfully restrained him and asked money for purchasing liquor. When the same was refused by the defacto complainant, the accused persons abused him in filthy language, assaulted with an intention to kill him and also threatened him with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and without any iota of truth, a false case has been foisted as against him. He is in judicial custody from 29.09.2021 and hence, he seeks for grant of bail. 1/3

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner is having two previous cases and the investigation in this case is yet to be completed and no one has sustained injury in this case. However, he requested short accommodation to get further instructions. 5.The learned counsel for the petitioner submitted that the petitioner will file an undertaking affidavit before the respondent police as well as before the trial Court that he would not indulge in any other offence in future and also undertook to furnish the sureties of respectable persons in their locality. 6.

Considering the facts and circumstances of the case, the nature of offence, the fact that no one has sustained injury, his readiness to file an undertaking affidavit and also the period of incarceration, this Court is inclined to grant bail to the petitioner, however, with stringent conditions. 7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.

[a] the persons who are giving sureties should be respectable persons in their locality, either Government Servants or elected people representatives or the persons who are having permanent business establishments and the sureties shall file an affidavit by ensuring that the petitioner will not indulge in any other offence in future and he will be available for the entire trial; [b]the sureties shall affix their photographs and left thumb impression in the surety bond and the Judge may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [c] The petitioner shall not misuse the liberty granted to the petitioner by this Court and if the petitioner involves in any further offence, the respondent police shall inform the same to the concerned Court. The concerned Court shall impound the sureties amount;

[d] the petitioner shall report before respondent police daily at 10.30 a.m until further orders;

[e] the petitioner shall file an undertaking affidavit before the respondent police as well as before the trial Court that he would not indulge in any other offence in future; [f] the petitioner shall not abscond during the trial; [g] the petitioner shall not tamper with the evidence or witness during trial;

[h] 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 2/3

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

sd/- 08/10/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE CHERANMAHADEVI, TIRUNELVELI DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 4.THE SUB INSPECTOR OF POLICE, VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.15551 of 2021 Date :08/10/2021 SA/JM/SAR.4/08.10.2021/3P/6C 3/3