← Library
Madras High CourtCRL OP/5503/2022granted

R.Deepak Raj v. Inspector Of Police

2022-03-10Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.5503 of 2022

1. R.Deepak Raj

2. R.Jeevak Raj .. Petitioners Vs.

State rep. by The Inspector of Police, T-3, Korattur Police Station, Chennai - 600 080.

(Crime No. 101 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 connection with the Crime No.101 of 2022 on the file of the respondent police. For Petitioners : Mr.Murali kumaran for M/s. Mc Gan Law Firm For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioners, who were arrested and remanded to judicial custody on 27.02.2022 for the offences punishable under Sections 341, 294(b), 326, 333, 427 and 506(ii) of the Indian Penal Code in Crime No.101 of 2022, on the file of the respondent police, seeks bail.

2. On perusal of FIR, the allegation against the petitioners is that on 27.02.2022 at about 2.30.a.m.,when the defacto complainant was on his routine check up, the petitioners quarreled and attacked the defacto complainant with wooden log causing simple injuries and also threatened him with dire consequences.

3. The learned counsel for the petitioners submits that the petitioners herein are siblings and are currently pursuing B.Arch and B.B.A., respectively. Hence, he prays for granting bail to the petitioners.

4. Considering their age and welfare of the petitioners, this Court is inclined to grant bail to the petitioners subject to following conditions.

(a) the petitioners shall execute bond for a sum of Rs.50,000/- each(Rupees Fifty Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur;

(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 appear before the Investigating Officer as and when required for interrogation; (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 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, AMBATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR DISTRICT [FOR INFORMATION]

3 THE INSPECTOR OF POLICE T-3, KORATTUR POLICE STATION, CHENNAI-600080.

4 THE OFFICER INCHARGE, SUB JAIL, PONNERI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.MCGAN LAW FIRM Advocate on payment of necessary charges SR.No.3663 CRL OP.5503/2022 Date :10/03/2022 CSK 11/03/2022