Thangapandi v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.11.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Thangapandi ... Petitioner/Accused No.25

Vs The State represented by The Inspector of Police, Jeyamangalam Police Station, Theni District. (Crime No.261 of 2023) ... Respondent/Complainant For Petitioner : Mr.M.Kamatchi, 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.261 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 16.10.2023 for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 342, 302, 506(ii) and 212 IPC in Crime No.261 of 2023, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that there was previous enmity between the accused and the defacto complainant with regard to the temple festival. Due to the same, the petitioner and other accused abused the defacto complainant's brother in filthy language and also attacked him. 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

16.10.2023, hence he seeks bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that there was dispute between the two groups with regard to the temple festival. He would further submit that the investigation in this case is still pending.

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, 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, Periyakulam 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 first working day of every 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]. CRLeOP(MD)No.21423eofe2023 oooooovii)Ifotheoaccusedothereafteroabsconds,oaofreshoFIRocanobeoregisteredounderoSection 229AoIPC. oooooooooooooooooooooooooooo oooooooooooooooooooooosd/- ooooooooooooooooooooooooooooooooooo ooooo28/11/2023 oooo ooooooooooo/oTRUEoCOPYo/ ooooooooooooooooooooooooooooooooooooooo ooooooooooooo28/11/2023 ooooooooooooooooooooooooooo ooooooooooooSub-AssistantoRegistraro(C.S.ooo) ooooooooooooo oooooooooooooooooooooooMaduraioBenchoofoMadrasoHighoCourt, ooooooooooooooooooooooooooooooooooooo ooooooooMaduraio-o625o023.oo GNS TO 1oooTHEoJUDICIALoMAGISTRATE, PERIYAKULAM. 2oooDOoTHROUGHoTHEoCHIEFoJUDICIALoMAGISTRATE, THENIoDISTRICT. 3oooTHEoINSPECTORoOFoPOLICE JEYAMANGALAMoPOLICEoSTATION,o THENIoDISTRICT. 4oooTHEoOFFICERoINCHARGE, DISTRICToPRISON,oTHENI. 5oooTHEoADDITIONALoPUBLICoPROSECUTOR, ooo MADURAIoBENCHoOFoMADRASoHIGHoCOURT, ooo MADURAI.o ORDER IN CRL OP(MD) No.21423 of 2023 Date :28/11/2023 SS/SAR- /28/11/2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023