Sudhakar v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.1507 & 1529 of 2021 Sudhakar ... Petitioner in Crl.O.P.1507/2021 Srinith ... Petitioner in Crl.O.P.1529/2021 Vs.

The State Rep. by The Inspector of Police, Kurisilapet Police Station, Thirupathur District.

(Crime No. 667 of 2020 ) ... Respondent IN BOTH THE PETITIONS PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.667of 2020 pending investigation on the file of the Respondent.

For Petitioner in Crl.O.P.No.1507/2021 : Mr. G. Vinodhkumar For Petitioner in Crl.O.P.No.1529/2021 : Mr. S.V.Karthikeyan For Respondent in both Crl.O.Ps : Mr.M. Prabavathy, APP C O M M O N O R D E R (The case has been heard through video conference) Petitioners, who were arrested and remanded to judicial custody on 31.12.2020 for the offence punishable under Sections 279, 337 and 308 IPC in Crime No.667 of 2020, seeks bail.

2. Totally, there are three accused and the petitioners are A1 and A3. The case of the prosecution is that A1, driver of the car , along with other accused in an inebriated mood, driven the car in a rash and negligent manner and dashed against 5 two wheelers, due to which , 5 persons sustained injuries. Hence, a case has been registered against the petitioners.

3. The learned counsel for the petitioner would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and they are in jail for more than one month and hence, he seeks bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that all the accused persons travelled together in an inebriated mood and dashed against 5 two wheelers and caused injuries to them. Hence, she opposed to grant bail to the petitioners.

5. Considering the said facts and circumstances of the case 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 Judicial Magistrate No.II, Thiruppathur, 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 daily at 10.30 a.m. until further orders. (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, both the Criminal Original Petitions are ordered.

-sd/- 03/02/2021 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, TIRUPPATHUR.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, KURISILAPET POLICE STATION, THIRUPATHUR DISTRICT.

CC to M/S.G.VINODHKUMAR Advocate on payment of necessary charges CRL.OP.NOS.1507 & 1529 OF 2021 Date :03/02/2021 MK:04/02/2021