P.Selvakumar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2022
CORAM:
THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4609 of 2022 P.Selvakumar .. Petitioner Vs.
The State rep. by The Inspector of Police, Thudiyalur Police Station, Coimbatore District.
(Crime No.110 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in respect of Crime.No.110 of 2022 on the file of the Inspector of Police, Thudiyalur Police Station, Coimbatore District. For Petitioner : M/s.S.B.Viswanathan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested and remanded to the judicial custody on 25.01.2022 for the offences punishable under Sections 147, 148, 294(b), 506(ii) and 307 of IPC in Crime No.110 of 2022, on the file of the respondent police, seeks bail.
2.The petitioner herein named A1 in a case where due to previous enmity, the petitioner brutally attacked the defacto complainant and another person with knife. The petitioner was arrested on 25.01.2022 in connection with the said crime. The injured persons are discharged from the hospital on 02.02.2022. 3.Learned Additional Public Prosecutor appearing for the respondent opposing bail on the ground that due to previous enmity, incident had taken place and this petitioner is having previous criminal case for restraining the defacto complainant and causing grievous hurt on him and further investigation is yet to be completed.
4.On going through F.I.R. And the material facts placed by the learned counsel for the petitioner and the learned Additional Public Prosecutor, this court is of the view that the petitioner may be released on bail.
5.Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a)The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Coimbatore.
(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 is directed to stay at Erode and report before Erode Town Police daily for a period of 30 days at 10.30 a.m.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.
-sd/- 04/03/2022 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, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
4 THE INSPECTOR OF POLICE, THUDIYALUR POLICE STATION, COIMBATORE DISTRICT.
5 THE OFFICER INCHARGE, ERODE TOWN POLICE STATION, ERODE.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.S.B.VISWANATHAN Advocate on payment of necessary charges SR.NO. 3327 CRL OP.4609/2022 Date :04/03/2022 RW 07/03/2022