Arunpandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Arunpandi,
2. Ajithkumar, ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Mattuthavani Police Station Madurai District.
Crime No.510/2024.
... Respondent/Complainant For Petitioner : M/s.Palmurugan.K, 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.510/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 1/5
06.07.2024 for the offences punishable under Sections 281, 296(b), 132, 126 (2) BNS, 2023 and Sections 128, 129 and 185 of MV Act, in Crime No.510 of 2024 on the file of the respondent police, seek bail.
2.The case of the prosecution is that the petitioners and other accused had travelled in a two wheeler without helmet in a drunken mood and drove the vehicle in a rash and negligent manner and dashed the Median and at that time, the defacto complainant, who is a police official, tried to stop them to avoid accident and the accused persons abused them in filthy language and also assaulted them. Hence, the complaint.
3. Heard the learned counsel on either side and perused the material records of the case.
4. Considering nature of allegations against the petitioner that three persons travelled in a motorcycle in a rash and negligent manner and dashed against the Median and fell down and when the police party, which were patrolling, tried to bring and order them, they misbehaved with them and threatened them and attempted to attack them also. Considering the fact that the petitioners were arrested 2/5
on 06.07.2024 and that there are no bad antecedents against them, I am inclined to enlarge the petitioner on bail with certain conditions. 5.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Madurai. (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 petitioners shall report before the respondent police daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation. It is made clear that no relaxation of the condition for the said period will be entertained by this court;
(iii)the petitioners shall not tamper with evidence or witness; 3/5
iv)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. vi)If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
sd/- 09/08/2024 / TRUE COPY / 09/08/2024 Sub-Assistant Registrar (PA-II ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO
1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
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3.THE INSPECTOR OF POLICE, MATTUTHAVANI POLICE STATION MADURAI DISTRICT.
4.THE OFFICER IN CHARGE, DISTRICT JAIL, DINDIGUL.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.PALMURUGAN, Advocate ( SR-9729[I] dated 09/08/2024 )
ORDER
IN CRL OP(MD) No.13069 of 2024 Date :09/08/2024 RK (09/08/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5