← Library
Madras High CourtCRL OP/6948/2023granted

Ananthan v. The Inspector Of Police

2023-03-28Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.Ananthan 2.S.Vijay 3.P.Silambarasan 4.Vignesh @ Vicky 5.Guna ... Petitioners Vs.

The State represented by, The Inspector of Police, Gengavali Police Station, Salem District.

(Crime No.68 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners/accused on bail, in connection with the Crime No.68 of 2023, pending on the file of respondent Police. For Petitioners : Mr.R.Surya Prakash For Respondent : Mr.C.E.Pratap Government Advocte (crl.side) 1/6

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 08.03.2023 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii), 283 of IPC r/w Section 3(1) of TNPPDL Act in Crime No.68 of 2023, on the file of the respondent Police, seek bail.

2. The case of the prosecution as per the defacto complainant/Ramesh is that due to a dispute between the defacto complainant's friend one Subramani and A1, A1 along with other accused have abused the said Subramani and also assaulted him, due to which, he sustained injuries. The further allegation is that during the fight, the accused have damaged the car belonging to the defacto complainant and the damage was valued about Rs.2,00,000/-. Hence the case.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case, since they happen to be the friends of A1. He would further submit the petitioners are in judicial custody from 08.03.2023 and hence, he prays for grant of bail to the petitioners.

2/6

4.The learned Government Advocate (crl.side) for the respondent submitted that the petitioners along with other accused have caused damage to the car of the defacto complainant and the damage of the car was estimated to the tune of Rs.2 lakhs. Hence, he opposed for grant of bail to the petitioners.

5.At this juncture, the learned counsel for the petitioners would submit that without prejudice to their defence, the petitioners are ready and willing to deposit a sum of Rs.15,000/- each to the credit of Crime No.68 of 2023 and hence, he prays for grant of bail to the petitioners. 6.Heard the learned counsel for the petitioners and the learned Government Advocate (crl.side) and perused the materials available on record.

7. Taking into consideration the facts and circumstances of the case, the submissions made by either side and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.

3/6

8. Accordingly, the petitioners are directed to deposit a sum of Rs.15,000/- each to the credit of Crime No.68 of 2023, without prejudice to their rights and contentions before the trial Court and on such deposit, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Attur, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb 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 petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders;

[c] the petitioners shall not abscond either during investigation or trial;

[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 Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance 4/6

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 abscond, a fresh FIR can be registered under Section 229A IPC.

28.03.2023 vkr To

1. The Judicial Magistrate No.II, Attur.

2. The Inspector of Police, Gengavali Police Station, Salem District.

3. The Central Jail, Salem.

4. The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA.,J.

Vkr 28.03.2023 6/6