Madras High CourtCRL OP/867/2021granted

Mathan @ Mathanraj v. State Rep By

2021-01-22Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.867 of 2021 Mathan @ Mathanraj ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, Kottur Police Station, Thiruvarur District.

(Crime No.660 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.660 of 2020 pending investigation on the file of the Respondent. For Petitioner : Mr. Swami Subramanian For Respondent : Mr.M. Prabavathi, APP

ORDER

(The case has been heard through video conference) Petitioner, who was arrested and remanded to judicial custody on 26.12.2020 for the offence punishable under Section 147, 148, 341, 294(b), 324, 506(ii) & 307 IPC in Crime No.660 of 2020, seeks bail.

2. Totally there are 5 accused and the petitioner is A4. The case of the prosecution is that due to previous enmity, on the date of occurrence, the petitioner along with other accused waylaid the defacto complainant and others and attacked them with aruval and iron rod and also criminally intimidated them. Hence, a case has been registered against the petitioner and others.

3. The learned counsel for the petitioner would submit that due to previous enmity, a false case has been foisted against the petitioner and he is no way connected with the offence. He would further submit that all other accused were released on bail. Hence, he seeks bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that due to some civil dispute, the petitioner along with other accused attacked the defacto complainant and other persons and caused serious injuries. She would also submit that injured persons were discharged from the hospital. However, she opposed to grant bail to the petitioner.

5. Considering the said facts and circumstances of the case and the fact that co -accused in this case were already released on bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a) 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 No.II, Mannargudi, Thiruvarur District and on further conditions that: (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders. (d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Judicial 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];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 22/01/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KOTTUR POLICE STATION, THIRUVARUR DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, THIRUTHURAIPOONDI.

CC to M/S.SWAMI SUBRAMANIAN Advocate on payment of necessary charges CRL OP.867/2021 Date :22/01/2021 MN-25/01/2021