Yugesh v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.02.2023 CORAM :
THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI Yugesh, S/o.Murugan ... Petitioner Vs.
The State rep. by The Inspector of Police, B-2 Vishnu Kanchi Police Station, Kanchipuram Dt.
(Crime No.881 of 2022) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.881 of 2022 pending on the file of respondent police. For Petitioner : Mr.A.Saranraj For Respondent : Mr.S.Vinoth Kumar, Govt. Advocate (Crl.Side.) 1/7
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 28.11.2022 for the alleged offence under Sections 294(b), 307, 324, 392, 397, 506(ii) of I.P.C. in Crime No.881 of 2022 on the file of the respondent police, seeks bail.
2. The case of prosecution is that on 27.11.2022 at about 09.00 p.m., when the defacto complainant standing in front of his house along with his friends, the petitioner along with other accused came there in a two wheeler and demanded to pay money to have drinks and on his refusal, they scolded him in filthy language and also assaulted him with wooden log on his left side ear and chest and assaulted his friend with wooden log on his head and snatched VIVO mobile from his shirt pocket and also criminally intimidated him. Hence, the complaint was registered against the petitioner.
3. The learned counsel appearing for petitioner submitted that the entire allegation is false, vindictive, wanton and he is no way 2/7
connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 90 days from 28.11.2022. Hence, he prayed to grant bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that there are 5 previous cases pending against him. He would submit that on the date of occurrence, the petitioner along with other accused waylaid the defacto complainant and demanded money, on his refusal, they attacked him with wooden log and also snatched VIVO mobile phone. He would submit that a charge sheet was filed in P.R.C.No.2 of 2023. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.
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5. Considering the above facts and circumstances, and also considering the fact that the investigation almost completed and a charge sheet was filed in P.R.C.No.2 of 2023 and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6. Accordingly, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees ten thousand only) as non-refundable deposit into the credit of registered Advocates' Clerks Association, Kanchipuram and on such deposit, 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, in which one surety must be a blood surety for a like sum to the satisfaction of the learned Judicial Magistrate-II, Kanchipuram, and on further conditions that:
(a) 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 4/7
Book to ensure their identity;
(b) the petitioner shall report before the respondent police daily at 10.30 a.m. for the period of two months;
(c) the petitioner shall not commit any offences of similar nature;
(d) the petitioner shall not abscond either during investigation or trial;
(e) the petitioner shall not tamper with evidence or witness either during investigation or trial; (f) 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];
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
27.02.2023 rpp 5/7
To
1. The Judicial Magistrate No.II, Kanchipuram.
2. Inspector of Police, B-2 Vishnu Kanchi Police Station, Kanchipuram Dt.
3. The Superintendent of Prison, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras, Chennai.
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T.V. THAMILSELVI, J.
rpp Crl.O.P.No. 4286 of 2023 27.02.2023 7/7