Muthazhagan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM:

THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4770 of 2022

1. Muthazhagan .. Petitioners

2. Vijay

3. Saravanan

4. Rajmohan Vs.

The State rep. by .. Respondent The Inspector of Police, Thiruvarur Talluk Police Station, Thiruvarur District.

(Crime No.60 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime.No.60 of 2022 on the file of the respondent police. For Petitioners : Mr.P.Muthamizhselvakumar For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioners/A1 to A4, who were arrested for the offences punishable under 294(b), 307, 506(ii) of I.P.C. in Crime No.60 of 2021, on the file of the respondent police, seeks bail. 2.Learned Additional Public Prosecutor appearing for the respondent submitted that due to previous enmity the petitioners assaulted the defacto complainant with Aruval and the injured victim is discharged from the hospital after getting treatment for his simple injury.

3. Considering the facts and the submissions made, 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, Thiruvarur.

(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 Mayavaram and report before Mayavaram Police station daily at 10.30 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/- 03/03/2022 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, THIRUVARUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, TIRUVARUR TALUK POLICE STATION, TIRUVARUR DISTRICT.

6 THE OFFICER INCHARGE DISTRICT PRISON, THIRUVARUR.

7 THE OFFICER INCHARGE MAYAVARAM POLICE STATION, MAYAVARAM.

+1 CC to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges SR.NO.3205 CRL OP.4770/2022 Date :03/03/2022 TA-04/03/2022