Selvakumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.4135 of 2021

1. Selvakumar

2. Surya

3. Nagaraja ... Petitioners Vs.

The Inspector of Police, Mangalam Police Station, Tiruppur District Crime No.47 of 2021 ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.47/2021 on the file of the respondent police. For Petitioners : Mr. S.Ashok Kumar For Respondent : Mrs. M. Prabhavathi, Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The Petitioners, who were arrested and remanded to judicial custody on 30.01.2021 for the offence punishable under Sections 294(b), 324, 506(ii), 354(D)(2), 307 of IPC r/w. 4 of Tamilnadu Prohibition of harassment of Women Act, 2002 in Crime No.47 of 2021, seek bail.

2. Totally, there are four accused and the petitioners are A1 to A3. The case of the prosecution is that A1 said to have misbehaved with relative of the defacto complainant's, namely,Roja, who was working in the A1's shop. Due to the same, there was quarrel between both the family members, in which, all the accused said to have abused them in filthy language and also attacked them with deadly weapons. Hence the complaint came to be registered.

3. The learned counsel for the petitioners would submit that due to previous enmity, the petitioners have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He would further submit that now all the injured persons were discharged from the hospital. Hence, he prays to grant bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that since A1 misbehaved with the relative of the defacto complainant, quarrel arose between the parties, in which,all the accused attacked two persons with dangerous weapons and caused serious injuries to them. She would further submit that injured has been discharged from the hospital and investigation is almost completed. Hence, she vehemently opposed to grant bail to the petitioners.

5. Considering the above facts and circumstances of the case, and the fact that injured have been discharged from the hospital and also taking note of the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

(a) Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tiruppur, 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 petitioners shall report before the respondent police as and when required for interrogation;

(d) the petitioners shall not commit any offences of similar nature;

(e) the petitioners shall not abscond either during investigation or trial;

(f) the petitioners 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 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];

(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/- 03/03/2021 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, NO.IV, TIRUPPUR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE OFFICER INCHARGE DISTRICT JAIL, TIRUPPUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE MANGALAM POLICE STATION, TIRUPPUR DISTRICT.

+1 CC to M/S.S.ASHOK KUMAR Advocate on payment of necessary charges SR.No.2700 CRL OP.4135/2021 Date :03/03/2021 cs 04/03/2021