D.Marutha Pandian v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI D.Marutha Pandian ... Petitioner Vs.

The State rep by its The Inspector of Police, Pachal Police Station, Tiruvannamalai.

Crime No.45 of 2021.

... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail the petitioner accused is arrested on 18.03.2021 by the respondent police in connection with the Crime No.45 of 2021 on the file of the respondent Police.

For Petitioner : Mr.P.Jayachandran For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

The petitioner who was arrested on 18.03.2021 for the offence under Sections 294 (b), 341, 506 (2) and 307 of I.P.C. in Cr.No.45 of 2021 on the file of the respondent police, seeks bail. 1/4

2.It is the case of the prosecution that the petitioner raised unnecessary quarrel with the defacto complainant and attacked the defacto complainant.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that there is one previous case pending against the petitioner. 5.Considering the facts and circumstances of the case, I am inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Chengam and on further condition that: (a)the sureties shall affix their photographs and left thumb 2/4

impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

07.04.2021 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

pri To 1.The Inspector of Police, Pachal Police Station, Tiruvannamalai.

Crime No.45 of 2021.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

07.04.2021 4/4