Vijaya Ganesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06.12.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Vijaya Ganesh ... Petitioner/Accused Vs State Rep.by The Inspector of Police, South Police Station, Thoothukudi District.

(Crime No.434 of 2023) ... Respondent/Complainant For Petitioner :

Mr.R.Ilayaraja, 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.434 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 15.10.2023 for the alleged offence punishable under Sections 279, 337 and 304(2) IPC in Crime No.434 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 15.10.2023, when the defacto complainant and one Vanniyaraja were riding, the petitioner's driven a car bearing Reg.No.TN-58-AQ-4827 in a rash and negligent manner and dashed against them. In that incident, the said Vanniyaraj and one Hari, who is followed the defacto 1/4

complainant's two wheeler in another motorcycle died on the spot and the defacto complainant and one Bala have sustained injuries. 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 15.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that in the said occurrence two persons died and two persons severely injured. However he fairly concedes that no previous case is pending against the petitioner.

5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances and also taking into consideration the 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 and the nature of the offence alleged as against the petitioner, this Court is inclined to grant bail to the petitioner, 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 Court 2/4

No.I, Thoothukudi, 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 the first working day of every English Calendar Month 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 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/- 06/12/2023 / TRUE COPY / 06/12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, PERURANI, THOOTHUKUDI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE PRINCIPAL SESSIONS JUDGE, THOOTHUKUDI.

+1 CC to M/s.R.ILAYARAJA, Advocate ( SR-17306[I] dated 06/12/2023 )

ORDER

IN CRL OP(MD) No.22022 of 2023 Date :06/12/2023 RS//SAR-(06.12.2023) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4