Selvamani v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.8463 & 8498 of 2022 Selvamani .. Petitioner in Crl.O.P.No.8463 of 2022 A.Ganapathy .. Petitioner in Crl.O.P.No.8498 of 2022 Vs.

State rep. by The Sub Inspector of Police, Vettavalam Police Station, Tiruvannamalai District.

(Crime No.88 of 2022) .. Respondent in both the Crl.O.Ps.

COMMON PRAYER: Criminal Original Petitions have been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.88 of 2022, on the file of the Sub Inspector of Police, Vettavalam Police Station, Thiruvannamalai District. For Petitioners : Mr.M.Mohamed Riyaz For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor COMMOM ORDER The petitioners, who were arrested for the offences punishable under Sections 147, 148, 294(b), 307, 323, 324, 506 (i) of IPC in Crime No.88 of 2022, on the file of the respondent police, seek bail.

2. These two petitioners are A1 and A8 respectively. They were arrested in connection with a case registered by the respondent police in Crime No.88 of 2022 for the offences under sections 147, 148, 294 (b), 307, 323, 324, 506 (i) of IPC.

3.According to the defacto complainant, on 23.03.2022, when he went to Vettavalam Panchayat Office to meet the ruling party Town Secretary, he saw the accused persons talking with the ruling party Secretary. Therefore, he was waiting near the window with his cell phone. At that time, the accused persons started attacking the defacto complainant and abused him with filthy language due to previous enmity

and under the impression that he is taking photograph of the ruling party Town Secretary along with the accused persons. The defacto complainant sustained grievous injuries and was admitted in the hospital as in-patient on 23.03.2022 and got discharged from the hospital on 06.04.2022. The Accident Register report indicates that the defacto complainant sustained lacerated injury over his head, shoulder and neck. The accused persons have used wooden log to cause injury on the defacto complainant.

4.Taking note of the fact that the injured person got discharged from the hospital, this court is inclined to grant bail to the petitioner in both the petitions. 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.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned IInd Judicial Magistrate, Thiruvannamalai District.

(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 Vellore and report before Vellore South 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 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/- 12/04/2022 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 IInd JUDICIAL MAGISTRATE, THIRUVANNAMALAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, VETTAVALAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

4 THE SUPERINTENDENT, VELLORE CENTRAL PRISON, VELLORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE/THE STATION HOUSE OFFICER, VELLORE SOUTH POLICE STATION, VELLORE DISTRICT.

+2CC to E.BALAMURUGAN Advocate on payment of necessary charges SR.NOs.5555+5554 CRL.OP.NOs.8463&8498/2022 Date :12/04/2022 CSK 12/04/2022