Prabhakaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Prabhakaran ... Petitioner/Accused No.5 Vs The Inspector of Police, Sipcot Police Station, Manamadurai, Sivagangai District.
Cr.No.182 of 2012.
... Respondent/Complainant For Petitioner :
M/s. Kannan.M, Advocate For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS, 2023 PRAYER :- To enlarge the petitioner on bail in P.R.C.No.18 of 2022 on the file of the Judicial Magistrate Court, Manamadurai in Crime No.182 of 2012 on the file of the Inspector of Police, Sipcot Police Station, Manamadurai, Sivagangai District. ORDER : The Court made the following order :- This Petition is filed to enlarge the petitioner on bail in P.R.C.No.18 of 2022 on the file of the Judicial Magistrate Court, Manamadurai, in Crime no.182 of 2012 on the file of the Inspector of Police, Sipcot Police Station, Manamadurai, Sivagangai District.
2.The petitioner/Accused, who was arrested and remanded to judicial custody on 23.07.2024 for the offences punishable under Sections 147, 148, 452, 324, 326 and 506(i) I.P.C altered into Sections 147, 148, 324, 326, 307 and 506(ii), in crime No.182 of 1/4
2012, on the file of the respondent police, seeks bail. 3.The case of the prosecution is that the petitioner along with other accused have formed themselves into unlawful assembly with deadly weapons and assaulted the defacto complainant by using sickle, in which, he sustained grievous injury on his hand and also attempted to commit murder and threatened him with dire consequences.
4.Heard the learned counsel on either side and perused the material records of the case.
(*)5.Considering the nature of allegations made against the petitioner, I am inclined to enlarge the petitioner on bail with certain conditions. 6.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, Manamadurai;
(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; (**)deleted 2/4
(iii)the petitioner shall appear before the trial Court on every hearing without fail.
(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial. (vi)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]. (vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 27/08/2024 (*)(**)Amended as per the order of this Hon'ble Court in CRL OP(MD)No.14083 of 2024 dated 28/08/2024.
/ TRUE COPY / 28/08/2024 Sub-Assistant Registrar (AD II ) Madurai Bench of Madras High Court, Madurai - 625 023.
NS TO TO BE SUBSTITUTED WITH THE ORDER DATED 27/08/2024 ALREADY DESPATHCED.
1 THE JUDICIAL MAGISTRATE, MANAMADURAI 3/4
2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMNAD. 4 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE OFFICER INCHARGE, DE ADDICTION CENTRE, RAJAJI GOVERNMENT HOSPITAL, MADURAI.
+1 CC to M/s.M.KANNAN, Advocate ( SR-10411[I] dated 27/08/2024 )
ORDER
IN CRL OP(MD) No.14083 of 2024 Date :27/08/2024 RS//SAR-(27.08.2024) 4P 8C TRP SS/SAR - /28/08/2024/ 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4