N.Sekar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.01.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.1116 of 2021
1. N.Sekar ... Petitioners
2. S.Karthick Vs.
The State Rep. by ... Respondent The Inspector of Police, Mangadu Police Station, Chennai.
(Crime No.1534 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1534 of 2020 pending investigation on the file of the Respondent. For Petitioner : Mr. R. Dineshkumar For Respondent : Mr.M. Prabavathy, APP
ORDER
(The case has been heard through video conference) Petitioners were arrested and remanded to judicial custody on 26.12.2020 for the offence punishable under Sections 294(b), 324, 307 and 506(ii) IPC in Crime No.1534 of 2020, seeks bail.
2. Totally there are 3 accused and the petitioners are A1 and A2. The case of the prosecution is that the petitioners and the defacto complainant are neighbours. Due to wordy quarrel, the petitioners assaulted the defacto complainant and criminally intimidated him. Hence, a case has been registered against the petitioners.
3. The learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case. He would further submit that injured has been discharged from the hospital and Hence, he seeks bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that due to wordy quarrel, the petitioners are said to have attacked the defacto complainant with knife and criminally intimidated him. She would further submit that now injured has been discharged from the hospital. Hence, she opposed to grant bail to the petitioners.
5. Considering the said facts and circumstances of the case and the fact that injured has been discharged from the hospital, and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:
(a) Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Sriperumbudur, 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 petitioners shall report before the respondent police as and when required for interrogation.
(d) the petitioners shall not commit any offences of similar nature;
(e) the petitioners shall not abscond either during investigation or trial;
(f) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 27/01/2021 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 DISTRICT MUNSIF-CUMJUDICIAL MAGISTRATE, SRIPERUMBUDUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, MANGADU POLICE STATION, CHENNAI.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL-II, CHENNAI.
+1 CC to M/S.R.DINESHKUMAR Advocate on payment of necessary charges SR.NO.922 CRL OP.1116/2021 Date :27/01/2021 TA-29/01/2021