Nirmal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2416 of 2022 Nirmal

...Petitioner

Vs.

The State rep by The Inspector of Police, Thiruvallur Town Police Station, Tiruvallur District.

(Crime No.22 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation, in Crime No.22 of 2022 on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.N.S.Suganthan (Government Advocate Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 16.01.2022 for the offences under Sections 294(b), 323, 324, 341, 307 and 506(ii) of IPC r/w Section 25(1)(a) of ARMS Act 1959, in Crime No.22 of 2022,on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant is running a wood carving shop and he had engaged some labourers belong to North India. On 15.01.2022, the defacto complainant had sent the said North Indians along with one Mathew who is the relative of the defacto complainant to Thiruvallur Market for purchasing groceries. At that time, the petitioner along with other accused restrained the North Indians, abused in filthy language and assaulted with hands stating that because of the North Indians they could not get jobs. 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 15

days from 16.01.2022. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise objection stating that there are totally 4 accused in this case and the petitioner is arrayed as A4 and due to the attack, the injured suffered 6 sutures in his hand but admits that the injured has been discharged from the hospital and that the investigation is almost completed.

5. Considering the above facts and circumstances of the case and the injured has been discharged from the hospital and that 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 shall execute two sureties for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each, before the Learned Judicial Magistrate-I, Thiruvallur, 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 Tuesday at 10.30 a.m. until further orders.

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

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

(h) 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];

(i) 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/- 03/02/2022 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 JUDICIAL MAGISTRATE, NO.I, THIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, THIRUVALLUR TOWN POLICE STATION, TIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S R.SASIKUMAR Advocate on payment of necessary charges Sr.1872 CRL OP.2416/2022 Date :03/02/2022 RVR 04/02/2022