Suresh @ Kullamani @ Manikandan v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.02.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3097 of 2021 Suresh @ Kullamani @ Manikandan ... Petitioner Vs.
The State Rep. by The Inspector of Police, S-5, Pallavaram Police Station, Kanchipuram District.
(Crime No. 1080 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No. 1080 of 2020 pending investigation on the file of the Respondent.
For Petitioner : Mr. R. Muthukumar For Respondent : Mrs.M. Prabhavathi, APP
O R D E R
(The case has been heard through video conference) Petitioner, who was arrested and remanded to judicial custody on 10.12.2020 for the offence punishable under Sections 341, 294(b), 285, 336, 307 IPC in Crime No.1080 of 2020, seeks bail.
2. Totally there are 5 accused and the petitioner is arrayed as A5. The case of the prosecution is that due to previous enmity, all the accused said to have waylaid the defacto complainant, attacked him with knife and caused serious injuries to him. Hence, a case has been registered against them.
3. The learned counsel for the petitioner would submit that the petitioner is no way connected with the offence and he has been falsely implicated in this case and co-accused in this case has already been released on bail. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that injured has been discharged from the hospital and co-accused in this case were released on bail. Hence, she opposed to grant bail to the petitioner.
5. Considering the said facts and circumstances of the case and the fact that injured has been discharged from the hospital and coaccused in this case has already been released on bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a 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, Tambaram, Chennai 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 petitioner shall report before the respondent police, daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation;
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner 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 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];
(h) 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/- 18/02/2021 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, TAMBARAM, CHENNAI.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, S-5 PALLAVARAM POLICE STATION, KANCHIPURAM DISTRICT.
CC to M/S.R.MUTHUKUMAR Advocate on payment of necessary charges CRL OP.3097/2021 Date :18/02/2021 cs 19/02/2021