Vasu Tamil Kannan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4671 of 2022 VASU TAMIL KANNAN [ PETITIONERS / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR.

CR.NO.1307/2021.

For Petitioner : M/S. A.ILAYAPERUMAL Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 05.01.2022 for an offence punishable under Sections 294(b), 307, 506(ii) of IPC, Section 4 of Prevention of Damage to Public Property Act, 1984 and Section 9(B)(1)(a)(b) of the Indian Explosives Act, 1884 in Crime No.1307 of 2021, on the file of the respondent police, seeks bail.

2.

The petitioner herein have been arrested on 05.01.2022 for the offences under Sections 294(b), 307, 506(ii) of IPC, Section 4 of Prevention of Damage to Public Property Act, 1984 and Section 9(B) (1)(a)(b) of the Indian Explosives Act.

3.

According to the FIR, on 15.09.2021, one Selva and another person knocked the doors of the de facto complainant's house and demanded Mamool. When the de facto complainant refused, they had thrown petrol bomb and left the place threatening that they will murder him, if he does not part away the Mamool. The petitioner was arrested on 05.01.2022 and till dated he is in prison.

4.

The learned Additional Public Prosecutor says that the investigation almost completed. Recording the same, this court is inclined to grant bail to the petitioner subject to certain conditions.

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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Principal District & Sessions Judge, Perambalur; (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 appear before the respondent police daily at 10.00 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.

-sd/- 28/02/2022 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 PRINCIPAL DISTRICT & SESSIONS JUDGE, PERAMBALUR.

2 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

+1 CC to M/S. A.ILAYAPERUMAL Advocate on payment of necessary charges SR.NO.3025 CRL OP.4671/2022 Date :28/02/2022 TA-28/02/2022