Arulmozhi v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.10104 of 2022 Arulmozhi ... Petitioner Vs.

The State rep. by The Station House Officer, Town Police Station, Karaikal, Puducherry.

(Crime No.48 of 2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.48 of 2022 on the file of the respondent police.

For Petitioner : Mr.P.Suresh Babu For Respondent : Mr.V.Balamurugane Public Prosecutor for Puducherry

ORDER

The petitioner, who was arrested on 02.03.2022 for the offences punishable under Sections 147, 323, 506(ii), 148, 307, 149 of IPC Crime No.48 of 2022, seeks bail.

2.The petitioner herein was arrested on 02.03.2022 for the above alleged offences and he is arrayed as 8th accused in a case where a gang of 10 members had attacked the defacto complainant in the early hours of 28.02.2022, due to previous enmity. The injured had sustained grievous cut injury and was treated with 16 stitches. He is presently discharged from the hospital.

3.Considering the above fact, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner 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 Judicial Magistrate-II, Karaikal;

(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 petitioner is directed to appear before the Investigating Officer twice daily at 10.00 a.m. and 05.00 p.m., until further orders;

(d) the petitioner 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/- 29/04/2022 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 JUDICIAL MAGISTRATE, NO.II, KARAIKAL 2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY [FOR INFORMATION]

3 THE STATION HOUSE OFFICER TOWN POLICE STATION, KARAIKAL, 4 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET, PUDUCHERRY.

5 THE PUBLIC PROSECUTOR PUDUCHERRY +1 CC to M/S P.SURESH BABU Advocate on payment of necessary charges SR.NO.6550 CRL OP.10104/2022 Date :29/04/2022 JPA 29/04/2022