N.Chithraivelu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.11.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM N.Chithraivelu ... Petitioner / Accused No.1 Vs State rep by The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.
(Crime No.236 of 2023) ... Respondent / Complainant For Petitioner :
Mr.M.Suresh, Advocate For Respondent :
Mr.RMS.Sethuraman, Additional Public Prosecutor.
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.236 of 2023 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 01.09.2023 for the alleged offence punishable under Sections 294(b), 342, 307, 436 and 302 IPC in Crime No.236 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that due to civil dispute, the accused persons poured kerosene in the house of the defacto complainant and set fire. In the said occurrence, the mother of the defacto complainant died. Hence the case. 3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 01.09.2023, hence he seeks bail.
4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner and other accused, due to civil dispute, locked the house of the defacto complainant and set fire. In the said occurrence, the mother of the defacto complainant died. Hence, he strongly objected to grant bail to the petitioner. However, he would fairly submit that the investigation in this case is completed.
5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances and also taking into consideration the 2/5
period of incarceration and taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
[i] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 learned Judicial Magistrate, Thiruvadanai and on further conditions that:
(ii) 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; (iii) the petitioner shall appear before the trial Court on every Monday at 10.30 am., until further orders.
(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial. vi) 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 3/5
in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 15/11/2023 / TRUE COPY / 15/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS To 1.The Judicial Magistrate, Thiruvadanai.
2.Do through the Chief Judicial Magistrate, Ramanathapuram District.
3.The Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District.
4.The Superintendent, Central Prison, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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ORDER
IN CRL OP(MD) No.18691 of 2023 Date :15/11/2023 ED/ /SAR- (15/11/2023) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5