Suman v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Suman, ... Petitioner/Accused No.2 Vs The Inspector of Police, Pattukotai Police Station, Thanjavur District.
Crime No.371/2024.
... Respondent/Complainant For Petitioner : M/s. Anantha Devi.M, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor For Intervenor : Mr.N. Balasubramanian, Advocate PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.371/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 1/5
02.07.2024 for the offences punishable under Sections 332(c), 296(b), 131, 118(1), 351(3) of BNS, 2023 in crime No.371 of 2024 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to wordy quarrel, the petitioner herein attempted to kill the defacto complainant, who is a practising Advocate, with knife . Hence, the case.
3. Heard the learned counsel for the petitioner and the learned counsel for intervenor and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.
4. The case is serious in nature. The accused had the audacity to attack the Advocate, that too in his office which is said to be nearby to the District Court complex itself. It is stated that A1 is not arrested so far. The copy of this order is directed to be brought to the notice of the higher authorities, so as to form any special party if necessary so as to nab the 1st accused. Only considering the fact that the petitioner is in jail from 2/7/2024, I am inclined to enlarge the petitioner.
5. Accordingly, this Criminal Original Petition is allowed and the petitioner is 2/5
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, Pattukkottai, Thanjavur District. (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 stay at Thanjavur and sign before the Inspector of Police, Medical College Police Station, Thanjavur, daily at 10.30 a.m for a period of four weeks and thereafter, as and when required before the respondent Police 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 3/5
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]. (vi)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 03/09/2024 / TRUE COPY / 03/09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE PATTUKKOTTAI, THANJAVUR DISTRICT.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE OFFICER INCHARGE, SUB JAIL, THANJAVUR.
4 THE INSPECTOR OF POLICE PATTUKOTAI POLICE STATION, THANJAVUR DISTRICT. 4/5
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION, THANJAVUR.
ORDER
IN CRL OP(MD) No.14645 of 2024 Date :03/09/2024 SS/SAR- /03/09/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5