Paulraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Paulraj, S/o.Murugan ... Petitioner/Accused No.2 Vs The State represented by The Sub-Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

(Crime No.286 of 2022). ... Respondent/Complainant For Petitioner : Mr.Karthikeya Venkitachalapathy.M, Advocate.

For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No.286 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, who was arrested and remanded judicial custody on 20.09.2022 for the offences punishable under Sections 153A, 504 and (*) 505(2) of IPC, in (*) Crime No.286 of 2022, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioner along with other accused had spoken in a public meeting with an intention to create conflict between religious group.

3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.

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4.The learned Additional Public Prosecutor appearing for the respondent submits that the petitioner is having five previous cases similar in nature.

5. Taking into consideration the facts and circumstances of the case and also considering the fact that the investigation is almost completed, this Court is inclined to grant bail to the petitioner. 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, Ambasamudram. (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 Salem and report before the Salem Town Police Station daily at 10.30 a.m., for a period of four weeks and thereafter appear before the respondent police 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]. sd/- 06/10/2022 (*)FOR BEING MENTIONED, AS PER THE ORDER OF THIS HONOURABLE COURT DATED 12/10/2022 IN CRL OP (MD) NO.17874 OF 2022.

/ TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO TO BE SUBSTITUTED WITH THE ORDER DATED 06/10/2022 ALREADY DESPATCHED.

1. The Judicial Magistrate, Ambasamudram.

2. The Superintendent, Sub Jail, Ambai.

3. The Sub-Inspector of Police, V.K.Puram Police Station, Tirunelveli District.

4. The Inspector of Police, Salem Town Police Station, Salem District.

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

+1. CC to M/S.KARTHIKEYA VENKITACHALAPATY, Advocate SR.No.10950 ORDER IN CRL OP(MD) No.17874 of 2022 Date :06/10/2022 KB/VRS.S-IV(06.10.2022) 3P 7C USK/VR/SAR- /13.10.2022/3P/7C 3/3