D.Harikrishnan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P. No.4614 of 2022 D.Harikrishnan

...Petitioner /

Accused versus State Rep. By The Inspector of Police Siva Kanchi Police Station, Kancheepuram District.

(Crime No.168 of 2022) ... Respondent / Complainant PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.168 of 2022 on the file of the respondent police. For Petitioner : Mr.A.Saranraj For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 08.02.2022 for the offences punishable under Sections 294 (b), 323, 324, 307, 506(ii) of IPC in Crime No.168 of 2022, on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that on 08.02.2022, when the de facto complainant was in his shop, the petitioner along with other accused went there and demanded Rs.5,000/-. On refusal, he along with other accused assaulted the de facto complainant with hands. 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 in the alleged

occurrence none of the persons sustained any injury. According to him, the petitioner is in judicial custody from 08.02.2022 onwards. Hence, he prays for bail.

4.

The learned Additional Public Prosecutor appearing for the respondent police raised objection stating that investigation is pending. She would further submit that, the petitioner is the first time offender and a portion of the investigation has been completed. 5.

Considered the submissions made by the learned counsel appearing on either side. The respondent police registered a case as against the petitioner for the offences punishable under Sections 294 (b), 323, 324, 307, 506(ii) of IPC. Admittedly, in the alleged occurrence, none sustained injury. Further, the petitioner is not having any previous case. The co-accused was released on bail by the trial Court itself. Though the averments found in the First Information Report narrated the facts that the petitioner is a rowdy element, being the reason that none sustained injury in the alleged occurrence, it cannot conclude that the petitioner is rowdy element. Apart from that, the petitioner is the first time offender and he is in judicial custody from 08.02.2022 onwards.

6.

Therefore, taking note of all the above said aspects into consideration and also considering the fact that the petitioner is in incarceration from 08.02.2022, this Court is inclined to grant bail to the petitioner subject to certain conditions. 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 Judicial Magistrate No.I, Kanchipuram;

(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 10.00 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/- 25/02/2022 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.I, KANCHIPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB JAIL, KANCHIPURAM.

4 THE INSPECTOR OF POLICE, SIVA KANCHI POLICE STATION, KANCHEEPURAM DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.A.SARANRAJ Advocate on payment of necessary charges SR.NO. 2913 CRL OP.4614/2022 Date :25/02/2022 RW 28/02/2022