Gopi@Gopinathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2020 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gopi @ Gopinathan ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Sengipatti Police Station, Thanjavur District.

Crime No.1209 of 2020. ... Respondent/Complainant For Petitioner : Mr.B.Senthilnathan, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 1209 of 2020 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 15.12.2020 for the offences punishable under Sections 294 (b), 324, 307 and 506(ii) of I.P.C on the file of the respondent police seeks bail.

2.The case of the prosecution is that due to family dispute between the petitioner and the de-facto complainant, the petitioner and other accused persons said to have attacked the de-facto complainant and his brother-in-law with sickle and wooden log and also threatened them with dire consequences.

3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the offence and he is innocent. He would also submit that the injured was discharged from the hospital.

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4.The learned Government Advocate(Crl.Side) would submit that due to family dispute between the petitioner and the de-facto complainant, the petitioner and other accused persons said to have attacked the injured with wooden log and now the injured was also discharged from the hospital.

5. Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that the injured was discharged from the hospital, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two blood sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Thanjavur. i) 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 ii) the petitioner shall report before the respondent police daily at 10.30 a.m 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/- 30/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1.THE JUDICIAL MAGISTRATE No.III, THANJAVUR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, SENGIPATTI POLICE STATION, THANJAVUR DISTRICT.

4.THE OFFICER INCHARGE, SUB JAIL, THIRUVIDAIMARUDUR.

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

ORDER

IN CRL OP(MD) No.16011 of 2020 Date :30/12/2020 AAV/SJI TK/PN/SAR.3/30.12.2020/3P/6C 3/3