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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G. ILANGOVAN, J.
Arumugam – Appellant
Versus
The Inspector of Police, Tirunelveli – Respondent
Crl OP (MD). No. 16292 of 2023
Decided On : 08-09-2023
Bail - Alleged Assault and Threat - The court granted bail to the petitioner/accused based on the consideration of the facts and circumstances of the case and the period of incarceration.
Fact of the Case:
The petitioner was arrested for alleged offences under Sections 294(b), 353, 307, and 506(ii) of IPC. The prosecution claimed that the petitioner, along with other accused persons, abused and threatened the police during a vehicle check.
Finding of the Court:
The court, considering the petitioner's innocence plea and the period of incarceration, granted bail to the petitioner.
Issues: The main issue was the petitioner's involvement in the alleged offences and the request for bail.
Ratio Decidendi: The court's decision was influenced by the petitioner's innocence plea, the period of incarceration, and the overall facts and circumstances of the case.
Final Decision: The Criminal Original Petition was allowed, and the petitioner was ordered to be released on bail with specific conditions.
JUDGMENT
(Prayer: For Bail in Crime No.223 of 2023 on the file of the Respondent Police.)
1. The petitioner / Accused No.1 herein, who was arrested on 21.08.2023 for the alleged offence under Sections 294(b), 353, 307 and 506(ii) of IPC in Crime No.223 of 2023, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 20.08.2023, when the respondent police were on patrol duty at Manappadaiveedu, the petitioner herein / first accused, along with other accused persons, was riding a two wheeler. The respondent stopped and checked the vehicle. At that time, the accused persons abused the respondent in filthy language, tried to assault them with knife and threatened them with dire consequences. Hence the complaint came to be registered against the accused persons.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent, he has not committed any offence as alleged by the prosecution. She has been falsely implicated in this case. Hence, she seeks for the relief of bail.
4. The learned Additional Public Prosecutor would submit that the petitioner has involved in another case in Crime No.291 of 2014 and the same is pending.
5. Considering the facts and circumstances of this case and also considering the period of incarceration, this Court is inclined to grant relief to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 No.3, Tirunelveli, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
The court may grant bail based on the consideration of the facts and circumstances of the case and the period of incarceration.
Granting bail based on the presence or absence of previous cases and the nature of the current offense.
In considering a bail application, the court may take into account the petitioner's innocence and the period of incarceration.
Bail granted based on insufficient evidence for continued detention under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The court grants bail when continued detention is not necessary and the applicant poses no flight risk or threat to the investigation.
Insufficient evidence and custody duration justified granting bail under specific conditions.
Regular bail is granted under the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the stage of investigation, lack of criminal antecedents of the accused, and the completion of the recovery of ....
The court grants bail where investigation is substantially complete, recovery is effected, and continued detention is not necessary, provided reasonable conditions are imposed to ensure the accused's....
Bail can be granted when investigation is substantially complete and accused has no criminal antecedents.
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