Dhineshvalavan @ Manda Dhinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Dhineshvalavan @ Manda Dhinesh ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Papanasam Police Station, Thanjavur District.

Crime No. 625/2022.

... Respondent/Complainant For Petitioner : M/s.KARUNANITHI M, For Respondent : Mr.E.ANTONY SAHAYA PRABAHAR, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 625 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 20.09.2022 for the alleged offence under Sections 294(b), 342, 323, 386, 506(ii) IPC r/w 25(1-A) Arms Act, in Crime No.625 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 20.09.2022 at about 01.15am, while the defacto complainant was working in the petrol bunk, the accused persons came their and filled petrol and after that they did not pay the money and they assaulted the defacto complainant and extorted a sum of Rs.9,400/- from him. Hence, the complaint.

3.On the side of the petitioner, it is stated that the petitioner is innocent and he has been falsely implicated in this case. The petitioner is noway connected with the offence. The petitioner is in custody from the date of arrest, ie., 20.09.2022. The petitioner also sustained injuries, due to the assault of the petitioner. Hence, prays to release him on bail. 1/3

4.On the side of respondent, it is stated that the petitioner is having four previous cases, in which, one case is under Section 302 IPC and he is also a history sheeted rowdy. This petitioner only extorted amount from the defacto complainant and hence, prayed to dismiss the petition.

5.Considering the nature of the offence and facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to enlarge the petitioner on bail.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Mediation and Conciliation Centre, Madurai Bench of Madras High Court, Madurai, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court. 7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail on his 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 District Munsif cum Judicial Magistrate, Papanasam, Thanjavur 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 petitioner shall report before the respondent police daily at 10:30 a.m until further orders;

iii)the petitioner shall not tamper with evidence or witness; iv) the petitioner shall appear before the concerned Court on all hearing dates and appear before the respondent Police, as and when required;

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/- 14/10/2022 / TRUE COPY / 14/10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE OFFICER INCHARGE SUB JAIL, PAPANASAM, THANJAVUR DISTRICT.

4 THE INSPECTOR OF POLICE, PAPANASAM POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO:

THE CO-ORDINATOR MEDIATION AND CONCILIATION CENTRE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.KARUNANITHI M Advocate SR.No.11394

ORDER

IN CRL OP(MD) No.18345 of 2022 Date :14/10/2022 PNM SA/SBN/SAR. /14.10.2022/3P/8C 3/3