Mahendran v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.7283 of 2021 1.Mahendran 2.Chandru 3.Raj Kumar ... Petitioners Vs.

State rep. by The Inspector of Police, Perumanallur Police Station, Tiruppur District.

(Cr.No.79 of 2021) ... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail in Crime No.79 of 2021 pending investigation on the file of the respondent police. For Petitioners : Mr.C.S.Saravanan For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor

O R D E R

The petitioner who was arrested on 02.03.2021 for the offence under Sections 25(1B)(a), 27(1) of Arms Act and 109 of IPC in Cr.No.79 of 2021 on the file of the respondent police, seeks bail. 2.It is the case of the prosecution that the petitioners along with the other accused without license used country guns due to which one person sustained injuries.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution.

4.The learned Additional Public Prosecutor submitted that the petitioners are arrayed as A1, A2 and A4 in the case and further submitted that A1 and A2/ petitioners 1 and 2 are detained under Goondas Act and that there is no previous case as against A4/ third petitioner.

5.Considering the period of incarceration undergone by the petitioners, I am inclined to grant bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail on their 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 Judicial Magistrate, Avinashi 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. until further orders;

(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 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]; and;

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

-sd/- 19/04/2021 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 JUDICIAL MAGISTRATE, AVINASHI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, PERUMANALLUR POLICE STATION, TIRUPPUR DISTRICT.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.7283/2021 Date :19/04/2021 MK:20/04/2021