Santhakumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Santhakumar ... Petitioner/Accused No.2

Vs The Inspector of Police, Sipcot Police Station, Sivagangai District. In Crime No.99/2023.. ... Respondent/Complainant For Petitioner : M/s.Karuppiah.G,

Advocate. For Respondent : Mr.R.M.S.Sethuraman,

Additional Public Prosecutor

PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.99/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/A2 who was arrested and remanded to judicial custody on

05.09.2023 for the alleged offences punishable under Sections 294(b),448,427 and 506

(ii) of IPC in Crime No.99 of 2023, on the file of the respondent police, seeks bail.

¶2The case of the prosecution is that on 18.08.2023 the accused persons trespassed into the house of the defacto complainant and damaged the roof tiles of the house of the defacto complainant. Further they also abused the defacto complainant in filthy language and also threatened with dire consequences. Hence, the complaint.

¶3The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that the petitioner in judicial custody from 05.09.2023 and hence, he seeks bail.

¶4The learned Additional Public Prosecutor appearing for the respondent Police would submit that the accused persons trespassed into the house of the defacto complainant and damaged the roof tiles of the house of the defacto complainant and also threatened him with dire consequences. He would further submit that the petitioner is having nine previous cases and he is a rowdy element, hence he strongly objected to grant bail to the petitioner.

¶5Heard both sides and perused the materials available on record.

¶6Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration and also considering all other aspects, this Court is inclined to grant bail to the petitioner, subject to the following conditions: [a] 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, Manamadurai 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 respondent police once a week on every Monday at 10.00 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/-

05/10/2023

/ TRUE COPY /

05/10/2023

Sub-Assistant Registrar (C.S. )

Madurai Bench of Madras High Court,

Madurai - 625 023. AAV TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE SIPCOT POLICE STATION, SIVAGANGAI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT,

MADURAI. ORDER IN CRL OP(MD) No.17718 of 2023 Date :05/10/2023 SS/05/10/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023