Kithan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6241 of 2022 Kithan .. Petitioner Vs.
The State rep. by .. Respondent The Inspector of Police, Periyapalayam Police Station, Tiruvallur District.
(Crime No.28 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.28 of 2022 on the file of the respondent police.
For Petitioner : Mr.P.Prince Premkumar For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor
ORDER
The petitioner, who was arrested on 23.01.2022 for the offences punishable under Sections 147, 148, 448, 294(b), 324, 307 and 506(ii) of IPC read with 120(B) of IPC and read with Section 7 read with 25 (1-A) of Arms Act. in Crime No.28 of 2022, on the file of the respondent police, seeks bail.
2. It is a case of deadly attack on the de facto complainant causing head injury and it was an attempt on the life of the de facto complainant. However, he survived and treated as In-Patient for nearly 25 days and he is also advised for plastic surgery. As far as case of the prosecution is concerned, due to enmity between the de facto complainant and an auto driver, the members of the Auto Driver Association had went to the de facto complainant's house, armed with deadly weapon and attacked him brutally.
3.The learned Additional Public Prosecutor submits that, out of 14 accused the prime accused is still in abscondance and yet to be secured. Some of the accused persons have bad antecedents and detained under Goondas and as far as this petitioner is concerned, he is having one previous case.
4.Considering the fact that this petitioner was arrested on 23.01.2022 and he was a part of the unlawful assembly, only as the member of the auto driver association and one previous case against him, this Court is inclined to grant bail to this petitioner. 5.
Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a) the petitioner shall execute 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 District Munsif cum Judicial Magistrate, Uthukottai; (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 Pallipet Police Station 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 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/- 01/04/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, UTHUKOTTAI, THIRUVALLUR. 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, PERIYAPALAYAM POLICE STATION, TIRUVALLUR.
5 THE INSPECTOR OF POLICE PALLIPET POLICE STATION, TIRUVALLUR DISTRICT.
6 THE OFFICER INCHARGE SUB JAIL, THIRUVALLUR.
+1 CC to M/S.P.PRINCE PREMKUMAR Advocate on payment of necessary charges SR.NO.4961 CRL OP.6241/2022 Date :01/04/2022 TA-04/04/2022