Prabakaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7344 of 2022 1.Prabkaran 2.Prakash ... Petitioners Vs.

State rep. by The Inspector of Police, Thanipadi Police Station, Thiruvannamalai District.

(Crime No.79 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.79 of 2022 on the file of Inspector of Police, Thanipadi Police Station, Thiruvannamalai District.

For Petitioners : Mr.S.Silambu Selvan For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioners/A1 and A2, who were arrested for the offences punishable under Sections 294(b), 323, 324 and 307 of IPC in Crime No.79 of 2022, on the file of the respondent police, seek bail.

2. The case of the prosecution is that these petitioners along with their mother Panchamirtham attacked the defacto complainant indiscriminately and the first petitioner caused burn injury on the defacto complainant using Jalli Karandi. The injured defacto complainant was discharged from the hospital and she was recovered from the burn injury. Since the occurrence was taken place due to family dispute regarding sharing the land, this Court is of the view that these petitioners may be granted bail and accordingly, they are ordered to be released on bail subject to the following conditions;

(a) Each of the petitioners 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, Thandrampet.

(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 Arani Police 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 petitioner 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/- 30/03/2022 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, THANDRAMPET 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, THANIPADI POLICE STATION, THIRUVANNAMALAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE ARANI POLICE STATION, ARANI.

+1 CC to M/S S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO.4752 CRL OP.7344/2022 Date :30/03/2022 JPA 31/03/2022