The Madras High Court allowed a bail petition for a 62-year-old petitioner charged with offences resulting in amputation. The court was inclined to grant bail after the petitioner paid 1 lakh rupees as compensation to the victim.
Petitioner enlarged on bail subject to own bond of Rs.10,000/- with two sureties and appearing for interrogation.
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CRL OP(MD). No.7483 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Date : 24/07/2020
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL OP(MD). No.7483 of 2020
Loorthumani ... Petitioner/Sole Accused
The State rep.by The Inspector of Police, Moolakaraipatty Police Station Tirunelveli District. Crime No.75 of 2020 ... Respondent/Complainant
For Petitioner : M/s.D.Selvanayagam, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side).
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For Bail in Crime No. 75 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :-
Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
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CRL OP(MD). No.7483 of 2020
could be secured for the victim, the petitioner's bail petition can be considered. I told the petitioner's counsel that if the petitioner pays a sum of Rs.1,00,000/- to the victim, I would be inclined to consider.
(i) the petitioner shall be released on own bond by the Magistrate without insisting on sureties. However, the petitioner is directed 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, Nanguneri, after the concerned Court is reopened on regular basis.
(ii)the petitioner is directed to appear before the respondent police as and when required for interrogation.
(iii)on breach of any of the aforesaid conditions, the 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 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].
/ /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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CRL OP(MD). No.7483 of 2020
TO
2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
ORDER IN CRL OP(MD) No.7483 of 2020 Date :24/07/2020 PMU TK/PN/SAR.2/24.07.2020/3P/6C
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1 issue framed by the court
Whether bail should be granted to a 62-year-old accused charged with causing amputation to a woman given he has paid compensation.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaExplained¶25
P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
4 provisions across 4 enactments
Loorthumani
The State
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
