Kannan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1766 of 2022 Kannan

...Petitioner

Vs.

State rep. by The Inspector of Police, R-3 Ashok Nagar Police Station, Chennai - 83 (Crime No. 491 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to grant bail to the petitioner, concerned in Crime No. 491 of 2021 pending investigation on the file of the Respondent police.

For Petitioner : M/s.C.K.Karthikeyan For Respondent : Mr.A.Gokulakrishnan (Additional Public Prosecutor)

O R D E R

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 27.11.2021 for the offences under Sections 294(b), 324, 506(ii) of IPC altered into Sections 294(b), 324, 506(2) and 307 of IPC in Crime No. 491 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is on 09.11.2021 at about 8.30 p.m., when the defacto complainant went to see his friends at 3rd Avenue, the accused persons followed him in two wheelers and attacked him, with rusted knife due to which, he sustained injuries on his head and hand. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and a false case has been foisted against him and that the petitioner has been suffering incarceration for more than 60 days from 27.11.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would raise objection stating that there are totally 4 accused in this case and the petitioner is arrayed as A3 and due to wordy quarrel, the alleged occurrence had happened. He would further submit that though the victim has been discharged from the hospital, since he was attacked with rusted knife, he is still taking treatment as out patient and admits that the investigation is almost completed.

5. Considering the fact that the victim has been discharged from the hospital and the investigation is almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release; (b) the petitioner is directed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) to the credit of Crime No.491 of 2021 and on such deposit, he petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, before the learned XVII Metropolitan Magistrate, Saidapet, Chennai-15, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically;

(c) 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; (d) the petitioner shall report before the respondent police on every Wednesday at 10.30 a.m. until further orders. (e) the defacto complainant is permitted to withdraw the deposit amount of Rs.20,000/- (Rupees Twenty Thousand Only) on proper identification and acknowledgement.

(f) the petitioner shall not commit any offences of similar nature;

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

(h) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(i) 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]; (j) 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/- 27/01/2022 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 XVII METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI -15.

2 THE CHIEF JUDICIAL MAGISTRATE, EGMORE, CHENNAI (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, R-3, ASHOK NAGAR POLICE STATION, CHENNAI-83.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

CC to M/S.J.VENUGOPAL Advocate on payment of necessary charges CRL OP.1766/2022 Date :27/01/2022 INBA~28/01/2022