R.Venkatesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/11/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM R.Venkatesan ... Petitioner/Accused No.6 Vs The State represented by The Inspector of Police, Thadicombu Police Station, Dindigul District.

(Crime No.273/2023)..

... Respondent/Complainant For Petitioner : Mr.R.J.Karthick, 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.273/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/ Accused, who was arrested and remanded to judicial custody 1/5

on 06.09.2023 for the alleged offence punishable under Section 328 IPC and Sections 147, 148, 294(b) and 302 IPC in Crime No.273 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner herein has suffered loss in running hotel and that the defacto complainant has taken over the said hotel and running the same. In such circumstances, the debtors of A1 approached the defacto complainant and that the defacto complainant has given the address of A1 and that the petitioner herein and other accused have attacked the defacto complainant and committed the murder of the deceased. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the petitioner is in jail from 06.09.2023 and hence, he seeks bail. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner herein is arrayed as A6 and he is not having any previous case and there is no specific over tact against this petitioner. He would 2/5

further submit that the investigation of the case is pending and hence, strongly objected to grant bail to the petitioner.

5. Considering the nature of allegations made against the petitioner and that there is no specific over tact attributed against the petitioner and also considering the period of incarceration and also 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 and the nature of the offence alleged by the petitioner, this Court is inclined to grant bail to the petitioner.

6. 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 No.II, Dindigul and on further conditions that: (i) the petitioner shall affix his photograph and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.

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(ii) the petitioner shall appear before the trial Court once in a month i.e., on first working day of every English Calender month at 10.30 am until further orders. (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]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/11/2023 / TRUE COPY / /11/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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trp TO

1. THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL.

3. THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL.

4. THE INSPECTOR OF POLICE, THADICOMBU POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.20111 of 2023 Date :22/11/2023 SS/DD/SAR- /23/11/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5