Sathish v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.03.2022
CORAM:
THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4930 of 2022
1. Sathish
2. Seetharaman @ Prasath
3. Loganathan @ Appu ... Petitioners Vs.
The State rep. by The Inspector of Police, Pudupettai Police Station Cuddalore District.
(Crime No.125 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending investigation in Crime No.125 of 2022 on the file of the respondent police.
For Petitioners : Mr.N.Sudharsan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
ORDER
The petitioners/A1 to A3, who were arrested and remanded to judicial custody on 31.01.2022 for the offences punishable under Sections 147, 148, 294(b) 323, 324, 506(ii) and 307 of IPC in Crime No.125 of 2022, on the file of the respondent police, seeks bail.
2. Learned Additional Public Prosecutor appearing for the respondent submitted that there are totally seven accused and the petitioners herein are accused 1 to 3. It is a family dispute between the defacto complainant and the accused due to which, the accused assaulted the defacto complainant with iron rod and the victim
sustained head injury and discharged from the hospital. Recording her submissions, this Court is inclined to grant bail to the petitioners subject to certain conditions.
3.Accordingly, the petitioners are ordered to be released on bail subject to the following conditions;
(a) Each of the petitioners 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.2, Panruti.
(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 petitioners are directed to appear before the Investigating Officer daily twice at 10.30 a.m. and 04.30 p.m. until further orders;
(d) the petitioners 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 petitioners 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 02/03/2022 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.2, PANRUTI.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE PUDUPETTAI POLICE STATION, CUDDALORE DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. N.SUDHARSAN Advocate on payment of necessary charges SR.NO.3163 CRL OP.4930/2022 Date :02/03/2022 JPA 03/03/2022