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Madras High CourtCRL OP/7467/2022granted

Rajasekar v. Inspector Of Police

2022-03-31Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7467 of 2022

1. Rajasekar

2. Manikandan @ Sarapambumani

3. Dharma .. Petitioners Vs.

The State rep. by The Inspector of Police, Periyapalayam Police Station, Thiruvallur District.

(Crime No.28 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.28 of 2022 on the file of the respondent police. For petitioners: Mr.G.Mohammed Aseef For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioners, who were arrested for the offence punishable under Section 147, 148, 448, 294(b), 324, 307 and 506(II) of IPC r/w. Section 120(B) of IPC in Crime No.28 of 2022, on the file of the respondent police, seek bail.

2. The petitioners are arrayed as A-1, A-6 and A-8, the case of deadly attack on the de facto complainant causing head injury, 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 and armed with deadly weapon and attacked him brutally.

3.

The learned Public Prosecutor submits that, out of 14 accused the prime accused is still in abscondance and yet to be secure. Some of the accused persons have bad antecedents and detained

under Goondas, as far as these three petitioners are concerned, the A-6 one Manikandan @ Sarapambumani is having two previous cases and have bad antecedents.

4.

Though, there is no criminal case against the petitioners 1 and 3 namely, Rajasekar and Dharma, the role of these petitioners and overtact of armed weapon and joined unlawful assembly has caused fear in the mind of the victim and if they are released on bail there is a possibility of intimidation of the victim.

5.

Considering the fact that these petitioners/A-1 and A-8 were arrested on 22.01.2022 and remanded on 23.01.2022 and they were a part of the unlawful assembly, only as the members of the auto driver association and no bad antecedents reported against them. 6.

In view of the above, this Court is inclined to grant bail to A-1 and A-8 alone and in respect to A-6, bail petition is dismissed.

7.

Accordingly, the petitioners A-1 and A-8 are ordered to be released on bail subject to the following conditions; (a) the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five only) each 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 petitioners (A-1 and A-8) are directed to appear before the Thiruthani Town Police Station daily at 10.30 a.m. until further orders;

(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/- 31/03/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, UTHUKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE OFFICER INCHARGE, THIRUTHANI TOWN POLICE STATION, THIRUTHANI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 INSPECTOR OF POLICE PERIYAPALAYAM POLICE STATION, THIRUVALLUR DISTRICT.

6 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S G.MOHAMMED ASEEF Advocate on payment of necessary charges Sr.4915 CRL OP.7467/2022 Date :31/03/2022 RVR 31/03/2022