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Madras High CourtCRL OP/3313/2022granted

Saravanan v. The State Represented By

2022-02-14Honourable Mr Justice R. Pongiappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2022

CORAM:

THE HON'BLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.No.3313 of 2022 Saravanan ... Petitioner Vs.

The State rep. by The Inspector of Police Annadanapatty Police Station, Salem.

(Crime No.4 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Criminal Procedure Code, 1973 praying to enlarge the petitioner on bail in Crime No.4 of 2022 on the file of the Inspector of Police, Annadanapatty Police Station, Salem.

For Petitioner : Mr.S.Sureshkumar For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 02.01.2022 for the offences under Sections 294 (b), 285, 286, 436, 307 of I.P.C. in Crime No.4 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner used to drink often and have a quarrel with the complainant regarding their property partition and at about 7.00 p.m the complainant was sitting in front of his home with his mom Kalyani, his wife Yasodha and his son Sudhishkumar. At that time, his own elder brother Saravanan who is the petitioner came to de-facto complainant's house and scolded the complainant with unparliamentary words with dire consequences and suddenly took the beer bottle filled of petrol banded with cloth and threw on the door of complainant's house. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that after registering first information report, the petitioner has been arrested by the respondent police for the offences punishable under Sections 294 (b), 285, 286, 436, 307 of I.P.C. In fact, the averment found in the first information report does not show any prima-facie of case for the offences under Sections 436 and 307 of I.P.C. Even after knowing the same, the respondent police arrested the petitioner for the said offences and remanded to the judicial custody. It is his specific submission that the petitioner is in judicial custody from 03.01.2022 onwards. Hence, he prays for bail.

4. M/s.G.V.Kasthuri, learned Additional Public Prosecutor appearing for the respondent police raised objection stating that investigation is pending. However, she admits portion of investigation has been completed.

5. The submissions made by the learned Counsel on either side are considered.

6. The respondent police registered a case against the petitioner for the offence under Sections 294 (b), 285, 286, 436, 307 of I.P.C. The averment found in the first information report shows during the relevant point of time, the petitioner herein after throwing a petrol bomb on the doors of the de-facto complainant house, he ran away from the place of occurrence. In the said F.I.R., the de-facto complainant specifically stated that there was no damage to the door fixed in his house. Further, he does not show anything about the injury sustained by him. Even after knowing the same, the petitioner herein arrested and remanded to judicial custody for the offences under Sections 436 and 307 of I.P.C. Further, he is in incarceration from 03.01.2022 onwards.

7. Therefore, taking note of all the above said aspects into consideration and having regard to the nature of offence committed by this petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:

(a) the petitioner is ordered to be released on bail to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of Judicial Magistrate Court No.IV, Salem.

(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 petitioner shall report before the Judicial Magistrate No.IV, Salem daily at 10.30 a.m. until further orders.

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

(e) 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];

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

8. With the above directions, this Criminal Original Petition is ordered.

-sd/- 14/02/2022 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.IV, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, ANNADANAPATTY POLICE STATION, SALEM.

4 THE ASSISTANT COMMISSIONER, ANNADANAPATTY, SALEM.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.PRABAKARAN Advocate on payment of necessary charges CRL OP.3313/2022 Date :14/02/2022 JPA 15/02/2022