Veerakumar v. 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.7391 of 2022 Veerakumar .. Petitioner Vs.

The State rep. by .. Respondent The Inspector of Police, Nallipalayam Police Station, Namakkal District.

(Crime No.50 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.50 of 2022 on the file of the respondent police.

For Petitioner : Mr.W.Camlyes Gandhi For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner/A1, who was arrested for the offences punishable under Sections 448, 427, 323, 307 and Section 4 of TNPWH Act in Crime No.50 of 2022, on the file of the respondent police, seeks bail.

2.This petitioner due to previous enmity has went to the house of the defacto complainant at the early hours of 19.03.2022 and caused damage to the car parked in the defacto complainant house and also attacked the defacto complainant. The defacto complainant has sustained simple injury and treated as O.P.

3.Considering the fact that the petitioner was arrested on 19.03.2022 and the investigation in this case is at the crucial stage, this court is of the view that the petitioner may be granted bail subject to certain conditions. 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.15,000/- (Rupees Fifteen Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Namakkal.

(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 report 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 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 JUDICIAL MAGISTRATE, NO.I, NAMAKKAL.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NALLIPALAYAM POLICE STATION, NAMAKKAL DISTRICT.

THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

+1 CC to M/S W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.4947 CRL OP.7391/2022 Date :01/04/2022 TA-04/04/2022