Mathan@Mathan Kumar (A1) v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P. No.2770 of 2022 1.Mathan @ Mathan Kumar 2.Kanimozhi 3.Arun Babu @ Aaron 4.Vignesh @ Riyaz 5.Vijayaraj ...

Petitioners / A1 to A5 versus State rep. by The Inspector of Police, Thirunidravur Police Station, (Crime No.47 of 2022) ...

Respondent / Complainant PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C., praying to enlarge the petitioners on bail pending investigation in Crime No.47 of 2022 on the file of the respondent police.

For Petitioners : Mr.S.Karthick For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioners / A-1 to A-5, who were arrested and remanded to judicial custody on 10.01.2022 and 12.01.2022 for the offences punishable under Sections 341, 324, 307 and 506(ii) of IPC in Crime No.47 of 2022, on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to the money transaction happened between the second petitioner and the de facto complainant, all the petitioners herein are joined together and made a quarrel with the de facto complainant. During such time, the first petitioner kicked the two wheeler which belongs to the de facto complainant's husband and due to the same, he fell down and subsequently, the other petitioners attacked the de facto complainant. Hence, the complaint.

3.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are in judicial custody from 10.01.2022 and 12.01.2022 onwards and as of now, the person, who sustained injury is discharged from the hospital, after completing the treatment. Accordingly, he prayed to allow this petition. 4.

The learned Additional Government Pleader appearing for the respondent police admits that, the person, who sustained injury, is now discharged from the hospital, after completing the treatment. It is the specific submission made by the learned Additional Public Prosecutor that, the petitioners 3 & 4 /A-3 and A-4 are having previous cases in similar nature.

5.

The submissions made by the learned counsel appearing on either side are considered.

6.

Though the alleged offence committed by the petitioners is grave in nature, as of now, the person, who sustained injury, is discharged from the Hospital. In the said event, being the reason that the petitioners are in judicial custody from 10.01.2022 and 12.01.2022 except A-3 and A-4, this Court is inclined to grant bail to all other accused.

7.

Accordingly, the petitioners / A-1, A-2 and A-5 are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tiruvallur and on further conditions that: (a) 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; (b) the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders;

(c) the petitioners shall not commit any offences of similar nature;

(d) the petitioners shall not abscond either during investigation or trial;

(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(f) 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]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

8.

As far as the petitioners 3 and 4 / A-3 & A-4 are concerned, this Criminal Original Petition is dismissed. -sd/- 09/02/2022 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.II, TIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVALLUR DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, THIRUNIDRAVUR POLICE STATION, TIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

CC to M/S. V.KARTHIK Advocate on payment of necessary charges CRL OP.2770/2022 Date :09/02/2022 INBA~10/02/2022