In a bail petition under Section 439 CrPC concerning offences of public nuisance voluntarily causing hurt and criminal intimidation, the High Court had the petitioner released on bail with conditions including daily police reporting.
Petitioner released on bail with a bond of Rs.10,000 and two sureties, reporting to police every day at 10.30 a.m.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.11064 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.05.2024
CORAM
THE HON'BLE MR. JUSTICE K. KUMARESH BABU
Crl.O.P.No.11064 of 2024
Ramprasanth
...Petitioner
Vs.
State represented by its The Inspector of Police, Sooramangalam Police Station, Salem District. (Crime No.241 of 2024) ...Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.241 of 2024 on the file of the respondent Police.
For petitioner : Mr.W.Camyles Gandhi
For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)
ORDER
The petitioner, who was arrested and remanded to judicial custody
on 02.03.2024 for the offences under Sections 294(b), 324, 506(ii) of
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Crl.O.P.No.11064 of 2024
IPC altered under Sections 294(b), 326, 506(ii) of IPC r/w 7 of Juvenile Justice Act, 2015 in Crime No.241 of 2024, seeks bail.
the respondent police submitted that the defacto complainant's child, who was admitted in the hospital, is now discharged from the hospital after his recovery.
Crl.O.P.No.11064 of 2024
submissions made by the learned counsels, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the conditions that the petitioner shall 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-II, Salem and on further conditions that :-
[b] the petitioner shall report before the respondent Police on everyday at 10.30 a.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
Crl.O.P.No.11064 of 2024
K. KUMARESH BABU. J.
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[e] 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
08.05.2024
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To
Crl.O.P.No.11064 of 2024
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1 issue framed by the court
Whether the petitioner should be granted bail in the offences under Sections 294(b), 326, and 506(ii) of IPC read with Section 7 of Juvenile Justice Act, 2015.
Colour shows how this judgement treated each authority
Hanif scaled Case in Jharkhand High CourtReferred¶39
3 provisions across 3 enactments
Ramprasanth
State represented by its The Inspector of Police, Sooramangalam Police Station, Salem District
K. KUMARESH BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
K. KUMARESH BABU
Parties & counsel
