Madras High CourtCRL OP(MD)/12663/2024ordered

C. Chinnathambi v. The Inspector Of Police

2024-08-07Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI C. Chinnathambi, ... Petitioner/Sole Accused Vs The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli.

Crime No. 242 /2024.

... Respondent/Complainant For Petitioner : M.Perumal, Advocate.

For Respondent : No appearance PETITION FOR BAIL Under Sec.483 of BNSS.

PRAYER :- For Bail in Crime No. 242 of 2024 on the file of the Respondent Police. 1/5

ORDER : The Court made the following order :- The petitioner, who was arrested on 24.05.2024 for the alleged offence under Sections 341, 294(b), 307 and 506(ii) of IPC in Crime No.242 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 24.05.2024, the defacto complainant along with his friend was going to his work, the accused restrained them and demanded money and when the defacto complainant refused to give money, the petitioner has attempted to attack him with a sickle. Hence, the case. 3.The learned counsel for the petitioner submits that this is the second bail application filed by the petitioner. Considering the antecedents of this petitioner, the earlier application filed by him was dismissed by this Court on 28.06.2024. Now the learned counsel for the petitioner has come forward with an affidavit of undertaking given by one Subramanian, S/o Raman, Village Headman of Melaputhaneri, Tirunelveli that he has given an assurance that the petitioner will not indulge in any offence in future.

4.There is no representation for the respondent police.

5. Considering the submission of the learned counsel for the petitioner that an undertaking affidavit of the Village Headman of Melaputhaneri, Tirunelveli is filed with an assurance that the petitioner will not indulge in any offence in future, 2/5

this Court is inclined to grant bail to the petitioner. 6.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.1,00,000/-(Rupees One Lakhs) with two sureties each and the one surety shall be the Village Headman of Melaputhaneri, Tirunelveli, namely, Subramanian, S/o Raman, for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli. The said Village Headman shall also execute a bond with one surety for a sum of Rs.1,00,000/- to the satisfaction of the learned Judicial Magistrate No.III, Tirunelveli. ii) The said Village Headman shall also file a similar affidavit before the respondent police that the petitioner will not indulge in any offence in future. iii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;

iv) The petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

v) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. 3/5

vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 07/08/2024 / TRUE COPY / 07 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO

1. THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI.

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

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI.

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

4/5

COPY TO

1. Mr.Subramanian, S/o Raman, Village Headman of Melaputhaneri, Tirunelveli.

+1 CC to M/s.M.PERUMAL, Advocate ( SR-9579[I] dated 07/08/2024 )

ORDER

IN CRL OP(MD) No.12663 of 2024 Date :07/08/2024 PSP/ /SAR /07.08.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5