Haja Maideen v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2022

CORAM:

THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN Crl.O.P.No.5463 of 2022 Haja Maideen .. Petitioner Vs.

The Inspector of Police, Koothanallur Police Station, Koothanallur, Thiruvarur District - 614 101 Crime No. 46 of 2022 .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.46 of 2022 on the file of the Inspector of Police, Koothanallur Police Station at Koothanallur pending further investigation in the said case.

For Petitioner : Mr.K.M.MD.Shaik Dawood For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested for the offences punishable under Sections 147, 148, 341, 294 (b), 427, 506 (ii) of IPC and also Section 3 (1) of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, in Crime No.46 of 2022, on the file of the respondent police, seeks bail.

2. The FIR came to be registered in view of the complaint given by one Mr.Kannan @ Karunanidhi alleging that due to election enmity, the petitioner along with few others had attacked one Kumaresan and others with deadly weapons and thereby caused damage to his Innova car bearing Registration No. TN-45-CC-0999 by breaking the rear side glass and threatened them with dire consequences.

3. Learned Additional Public Prosecutor appearing for the respondent submitted that the investigation almost completed and further submitted that due to alleged occurrence none sustained injuries.

3. Considering the fact that in the alleged occurrence none sustained injuries and also considering that the petitioner is a college student, this Court is inclined to grant bail to the petitioner subject to the following condition. (a) the petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) to the credit of the Crime No.46 of 2022. On such deposit the trial court shall release the petitioner on bail obtaining 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-1, Mannargudi. (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 report before the Investigating Officer as and when required.

(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 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/- 14/03/2022 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.I, MANNARGUDI

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, KOOTHANALLUR POLICE STATION, THIRUVARUR DISTRICT, KOOTHANALLUR-614 101.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, SUB JAIL, MANNARGUDI CC to M/S.K.M.MD.SHAIK DAWOOD Advocate on payment of necessary charges Sr.3836 CRL OP.5463/2022 Date :14/03/2022 RVR 15/03/2022