Ramapandiyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/12/2020 PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM Ramapandiyan ... Petitioner/Accused No.7 Vs State Rep.by The Inspector of Police, Annavasal Police Station, Pudukottai District.

Crime No.446/2020.

... Respondent/Complainant For Petitioner : Mr.P.Ganapathi Subramanian, Advocate.

For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For a Bail in Crime No.446 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is arrayed as accused No.7. He was arrested and remanded to Judicial Custody on 10.10.2020 for the offences punishable under sections 147, 148, 294(b), 323, 324 and 307 of I.P.C., read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998, in Crime No.446 of 2020 on the file of the respondent police. He seeks bail.

3.The learned counsel for the petitioner made a submission that all other accused persons were arrested and released on bail. This petitioner is A7.

4.The learned Additional Public Prosecutor made a submission that the injured victim died, subsequently, the case was converted under Section 302 of IPC. However, the other accused persons were arrested and released on bail.

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5.Thus, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions; 6.Accordingly, the petitioner is ordered to be released on bail on his 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, Illupur.

[a] 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;

[b] the petitioner shall appear before the respondent police every day twice morning at 10.00 am., and evening at 06.00 pm., for a period of four weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d]the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

sd/- 21/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ILLUPUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDKOTTAI DISTRICT.

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3. THE INSPECTOR OF POLICE, ANNAVASAL POLICE STATION, PUDUKOTTAI DISTRICT.

4. THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

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

ORDER

IN CRL OP(MD) No.15356 of 2020 Date :21/12/2020 MS/PN/SAR-3/23.12.2020/3P.6C 3/3