Madras High CourtCRL OP(MD)/18111/2021ordered

Vanaraja v. The Inspector Of Police

2021-11-19Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19.11.2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR 1.Vanaraja 2.Chelladurai ... Petitioners/Accused No.1 & 2 Vs The State rep.by, The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

In Crime No.418 of 2021. ... Respondent/Complainant For Petitioners : Mr.S.Sathya Chidambaram 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.418 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested and remanded to judicial custody on 09.11.2021 for the offences punishable under Sections 294(b), 307, 506(ii) IPC in Crime No.418 of 2021 on the file of the respondent police, seek bail.

2.The case of the prosecution is that on 09.11.2021, the petitioners are said to have waylaid the de-facto complainant, abused him in filthy language and tried to attacked by deadly weapons and also caused injury. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that the petitioners are in judicial custody from 09.11.2021. Hence, he seek bail. 1/3

4.The learned Additional Public Prosecutor for the respondent police strongly opposed this petition on the ground that the petitioners abused the de-facto complainant in filthy language and assaulted him with aruval. He would fairly concede that no one was sustained injury in the alleged occurrence.

5.Considering the facts that there was a wordy quarrel between the parties, that no one was injured in the occurrence as stated by the learned Additional Public Prosecutor, that the petitioners are not having any previous case for similar nature and also the fact that the petitioners are in judicial custody from 09.11.2021, this Court is inclined to grant bail to the petitioners subject to the following conditions:

6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli 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 petitioners 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 petitioners shall not tamper with evidence or witness. 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/- 19/11/2021 / 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 2/3

copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE SUTHAMALLI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.18111 of 2021 Date :19/11/2021 sji MK/PN/SAR.IV/19.11.2021/3P/6C 3/3