Balamurugan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.5703 of 2022 1.Balamurugan 2.P.Sakthivel 3.Madhan 4.R.Sakthivel .. Petitioners Vs.
State rep. by The Inspector of Police, Koothanallur Police Station, Thiruvarur District.
(Crime No.46 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.46 of 2022 pending investigation on the file of the respondent police. For Petitioners : Mr.P.Muthamizhselvakumar For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ******** 1/4
O R D E R
The petitioners/A1 to A3, A5, who were arrested on 22.02.2022 for the offences punishable under Sections 147, 148, 341, 294(b), 427, 506(ii) of IPC and Section 3(1) of Tamil Nadu Public Property (Prevention of Damages and Loss) Act in Crime No.46 of 2022, on the file of the respondent police, seek bail.
2.Learned Additional Public Prosecutor for the respondent submitted that due to political rivalry on the date of election, altercation has occurred wherein these petitioners have damaged the vehicle of the defacto complainant.
3.Considering the above facts and the submission of the learned Additional Public Prosecutor, this Court is of the view that the bail may be granted to the petitioners. Accordingly, bail is granted to the petitioners and they are ordered to be released on bail subject to the following conditions; (a)Each of the petitioners shall deposit a sum of Rs.5000/- (Rupees Five Thousand only) to the Crime No.46 of 2022 and shall execute a bond for a sum of Rs.25,000/- 2/4
(Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.I, Manargudi.
(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 report before the Investigating Officer as and when required.
(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 Dr.G.JAYACHANDRAN, J.
vri/jai 3/4
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.
15.03.2022 vri/jai To 1.The Judicial Magistrate Court No.I, Manargudi.
2.The Inspector of Police, Koothanallur Police Station, Thiruvarur District.
3.The Jailer, Sub-Jail, Manargudi.
4.The Public Prosecutor, High Court, Madras.
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