Raman @ Ramachandiran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.7178 of 2021
1. Raman @ Ramachandran
2. Muthuraj ... Petitioners Vs.
State by The Inspector of Police, Keelamangalam Police Station Krishnagiri District ( Crime No.45 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to grant bail to the petitioner pending investigation in Crime No.45 of 2021 on the file of the respondent police.
For Petitioners : Mr.M.Jayachandran For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor
ORDER
The petitioners who were arrested on 23.02.2021 and remanded to judicial custody for the offences under Sections 294(b), 307 of IPC in Cr.No.45 of 2021 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the due to money dispute the petitioners said to have attacked the defacto complainant and caused grievous injuries to him. Hence, the law enforcing agency registered a case against the petitioners.
3. The learned counsel for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and he has ben falsely implicated in this case and the petitioners have been in jail from 23.02.2021. Therefore, he prays to grant bail to the petitioners.
4. The learned Additional Public Prosecutor opposed the grant of bail by stating that the petitioners said to have attacked the defacto complainant and caused grievous injuries to them. She
further submits that investigation is almost completed and the injured discharged from the hospital.
5. Taking into consideration the fact that investigation is almost completed and the injured discharged from the hospital, this Court is inclined to grant bail to the petitioners subject to the following conditions:
6.Accordingly, the petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Denkanikottai and on further condition 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 for a period of two weeks and thereafter as and when required for interrogation.
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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.
-sd/- 17/04/2021 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, DENKANIKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KELAMANGALAM POLICE STATION, KRISHNAGIRI DISTRICT 5 THE OFFICER INCHARGE , SUB JAIL, HOSUR CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.7178/2021 Date :17/04/2021 rvr 17/04/2021