Ramasamy v. State Rep By

hIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.5581 of 2022 Ramasamy .. Petitioner Vs.

State rep. by The Inspector of Police, Veerapandi Police Station, Tiruppur District.

(Crime No.135 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.135 of 2022 on the file of the respondent police.

For Petitioner : M/s.S.P.Meenakshi Sundharam 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 294(b), 307 of IPC in Crime No.135 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein due to quarrel with the defacto complainant regarding disturbing peace by gathering in front of his house and playing games has attacked the defacto complainant with Aruval causing grievous injuries. He was arrested on 31.01.2022. The injured person got discharged from the hospital on 16.02.2022. The Accident Register indicates that the injury sustained by the defacto complainant is grievous in nature. However, taking note of the age of the petitioner and the cause for causing injury to the defacto complainant, bail is granted to the petitioner and he is ordered to be released on bail subject to the following conditions; (a) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tiruppur.

(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 appear before the Investigating Officer daily at 10.30 a.m. until further orders. (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/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/- 10/03/2022 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.IV,TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, VEERAPANDI POLICE STATION, TIRUPPUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

CC to M/S S.P.MEENAKSHI SUNDHARAM Advocate on payment of necessary charges Sr.3680 CRL OP.5581/2022 Date :10/03/2022 RVR 10/03/2022