Praveen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.11.2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Praveen ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Tirunelveli Medical College Hospital Police Station, Palayamkottai, Tirunelveli City.

Crime No.111 of 2021 ... Respondent/Complainant For Petitioner : Mr.N.PRAGALATHAN Advocate.

For Respondent : Mr.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.111 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 21.10.2021 for the offences punishable under Sections 294(b), 307 and 506(ii) IPC in Crime No.111 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner and the de-facto complainant are friends. On 18.01.2021, the petitioner has pledged his jewels in the name of the de-facto complainant and thereafter, he did not pay the interest or principal amount. Therefore, an auction notice was served to the de-facto complainant and the same was informed to the petitioner, at that time, there was a wordy quarrel between them, in which, the petitioner attacked the de-facto complainant with stone and caused injury. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that he is in judicial custody from 21.10.2021. Hence, he seeks bail.

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4.The learned Additional Public Prosecutor for the respondent police would submit that the injured was already discharged from the hospital and the investigation is not yet completed. 5.Considering the facts that there existed dispute with respect to the redemption of jewels between the parties and that the injured was already discharged from the hospital, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.1, Tirunelveli.

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 report before the respondent police daily at 10.30 a.m for a period of one month 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 absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/11/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE COURT NO.1, TIRUNELVELI 2/3

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT CENTRAL JAIL, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE, TIRUNELVELI MEDICAL COLLEGE HOSPITAL POLICE STATION, PALAYAMKOTTAI, TIRUNELVELI CITY.

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

+1. CC to M/S. PRAGALATHAN.N. Advocate SR.No.8190

ORDER

IN CRL OP(MD) No.17916 of 2021 Date :17/11/2021 SA/VR/SAR.2/17.11.2021/3P/7C 3/3