Dheepak v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Dheebak S/o. Murugesan 2.Ajith S/o. Murugan

...Petitioners/Accused 2 & 3

Vs.

State represented by The Inspector of Police, Perambalur Police Station, Perambalur District.

(Crime No.936 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.936 of 2023 on the file of the respondent police on such terms and conditions.

For Petitioners : Mr.D.Arun For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioners/A2 and A3 in Crime No.936 of 2023, registered by the respondent police for the offences under Sections 294(b), 324 and 307 1/4

of IPC, seek bail. The petitioners had been remanded to custody on 24.12.2023.

2.It is stated that the petitioners had already given a counter complaint against the defacto complainant.

3.It is the case of the prosecution that the defacto complainant and A1 had collided when they were travelling in two-wheelers at Perambalur and A1 had sustained injuries. There was a wordy quarrel at that point of time. Thereafter, on 19.12.2023, there was a further quarrel which escalated into violence.

4.It is seen that A1 had been granted anticipatory bail by the learned Principal District and Sessions Judge, Perambalur, in Crl.M.P.No.132 of 2024 by order dated 30.01.2024. 5.Taking into consideration the fact that the injured had been discharged from the hospital and the period of incarceration undergone by the petitioners, I am inclined to grant bail to the petitioners herein subject to the following conditions:

6.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the 2/4

satisfaction of the Judicial Magistrate Court No.I, Perambalur District, and on further conditions that: - [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

31.01.2024 ata C.V.KARTHIKEYAN.

J.

ata 3/4

To 1.The Judicial Magistrate Court No.I, Perambalur District. 2.The Central Prison, Trichy.

3.The Inspector of Police, Perambalur Police Station, Perambalur District.

4.The Public Prosecutor, High Court of Madras.

31.01.2024 4/4