Ramachanthiran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7608 of 2022 1.Ramachanthiran 2.Lakshmanan .. Petitioners Vs.

State Rep. by The Inspector of Police, Mathur Police Station, Krishanagiri District.

(Crime No.75 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.75 of 2022 pending investigation on the file of the respondent police. For Petitioners : Mr.E.Kannadasan For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioners, who were arrested for the alleged offences under Sections 294(b), 324, 307, 506(ii) of IPC in Crime No.75 of 2022, on the file of the respondent police, seek bail.

2. Due to the family dispute, the petitioners herein have attacked the defacto complainant's father and mother, who are none other than the brothers of the defacto complainant's father. The victims have sustained fractured injury, admitted in the hospital on 25.02.2022 and got discharged from the hospital on 03.03.2022. 3.Since the victim was discharged from the hospital and the petitioners are in prison for nearly 40 days, this Court is of the view that the petitioners are granted bail. Accordingly, the petitioners 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.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, Pochampalli.

(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 stay at Tirupathur and report before Tirupathur Town 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 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/- 04/04/2022 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, POCHAMPALLI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MATHUR POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE OFFICER INCHARGE DISTRICT JAIL, DHARMAPURI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE/STATION HOUSE OFFICER, TIRUPATHUR TOWN POLICE STATION, TIRUPATHUR.

+1CC to M/S. E.KANNADASAN Advocate on payment of necessary charges SR.No.5065 CRL OP.7608/2022 Date :04/04/2022 CSK 04/04/2022