Abishek v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Abishek
2. Stalin ... Petitioners/Accused No.1 & 2 Vs The State rep.by The Inspector of Police, Kumbakonam West Police Station, Thanjavur District.
Crime No.713 of 2022.
... Respondent/Complainant For Petitioner : M/s.Maheswaran R, Advocate.
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.713 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 & A2, who were arrested and remanded to judicial custody on 07.06.2022 for the offences punishable under Sections 294(b) & 307 of IPC @ 294(b), 307, 147, 148, 120(b) of IPC, in crime No.713 of 2022 on the file of the respondent police, seek bail.
2.The case of the prosecution is that when the defacto complainant along with his friends sitting near the Pillaiyar temple at Radha Nagar, the petitioners along with other accused came there and said to have abused the defacto complainant in filthy language and attacked him with knife and aruval and also caused injury to him.
3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that the injured was discharged from the hospital. Hence, he prays for grant of bail to the petitioners.
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4.The learned Additional Public Prosecutor would submit that the first petitioner/A1 is having 1 previous case and the second petitioner/A2 is having 5 previous cases. Hence, he strongly opposed to grant bail to the petitioners. He would further submit that the injured was discharged from the hospital.
5.Considering the period of incarceration and also considering the fact that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioners on certain conditions.
6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.I, Kumbakonam.
(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., until further orders;
(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/- 10/11/2022 / TRUE COPY / 10/11/2022 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 NO.I, KUMBAKONAM.
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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE OFFICER INCHARGE, SUB JAIL, KUMBAKONAM.
4 THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.19890 of 2022 Date :10/11/2022 DSS SA/VR/SAR. /10.11.2022/3P/6C 3/3