Palpandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Palpandi ... Petitioner/Accused No.1 Vs The Inspector of Police, Thevaram Police Station, Theni District, (Crime No.132/2024.) ... Respondent/Complainant For Petitioner :

M/s.S.Vidhya Sagar, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No.132/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A1, who was arrested and remanded to judicial custody on 29.07.2024 for the offences punishable under Sections 191(2), 296, 127(2), 115(2), 1/4

351(3) & 109 of Bharathiya Nyaya Sanhita (BNS Act),, in crime No.132 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to previous enmity, when the victim, who is the relative of the defacto complainant questioned the accused persons about the closing of TASMAC shop early, the petitioner along with other accused, abused the victim in filthy language and attacked him and caused injuries to him. Hence, the complaint.

3.Heard both sides.

4.Considering the nature of antecedent against the petitioner being political in nature and also considering the fact that in the present case, the injured being discharged from the hospital, this Court is inclined to grant bail to the petitioner on certain conditions.

5.Accordingly, this Criminal Original Petition is allowed and the petitioner is 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, Podinayakkanur.

(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; 2/4

(ii)the petitioner 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; (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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 20/08/2024 / TRUE COPY / 20/08/2024 Sub-Assistant Registrar (C.O) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate, Bodinayakkanur.

3/4

2.Do through the Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, Thevaram Police Station, Theni District.

4.The Officer Incharge, District Jail, Theni.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.VIDHYASAGAR, Advocate ( SR-10134[I] dated 20/08/2024 )

ORDER

IN CRL OP(MD) No.13625 of 2024 Date :20/08/2024 ED/ /SAR- (20/08/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4