A.Mathiazhagan v. The State Of Tamilnadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 25.02.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3646 of 2021 A.Mathiazhagan ... Petitioner Vs.
The State of Tamil Nadu ... Respondent Rep. by The Inspector of Police, Thusi Police Station, Venbakkam Taluk, Tiruvannamalai District.
Crime No.71 of 2021.
PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in the above case in Crime No.71 of 2021 pending on the file of the respondent police.
For Petitioner : Mr.S.Arunkumar For Respondent : Mrs.M. Prabhavathi, APP
ORDER
(The case has been heard through video conference) The Petitioner, who was arrested and remanded to judicial custody on 14.02.2021 for the offence punishable under Sections 147, 148, 307 and 324 of IPC in Crime No.71 of 2021, seeks bail.
2. Totally, there are 7 accused and the petitioner is arrayed as A6. The case of the prosecution is that all the accused said to have attacked the injured and caused serious injuries to him.. Hence, a complaint came to be registered.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he is no way connected with the offence and he has been falsely implicated in this case. Hence, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that due to political enmity, all the accused persons, including the petitioner, joined together and attacked the injured and caused grievous injuries to him. She would
further submit that now, injured has been discharged from the hospital. The petitioner is involved in two previous cases. Hence, she opposed to grant bail to the petitioner.
5. Taking into consideration of the facts and circumstance of the case, and the fact that injured has been discharged from the hospital 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, Cheyyar, Tiruvannamalai District, 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 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 petitioners 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/- 25/02/2021 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, CHEYYAR.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, THUSI POLICE STATION, VENBAKKAM TALUK, TIRUVANNAMALAI DISTRICT.
5 THE OFFICER INCHARGE SUB JAIL, TIRUVANNAMALAI.
+1 CC to M/S.S.ARUNKUMAR Advocate on payment of necessary charges SR.NO.2348 CRL OP.3646/2021 Date :25/02/2021 TA-26/02/2021