A.Gajendiran @ Maruthupandian v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9952 of 2022 1.A.Gajendiran @ Maruthupandian 2.K.Dinakaran .. Petitioners Vs.

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

(Crime No.144 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.144 of 2022 pending investigation on the file of the respondent police. For Petitioners: Mr.S.Manimaran For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor For Intervenor : Mr.E.Sathiyaraj

O R D E R

The petitioners, who were arrested on 02.04.2022 for the offences punishable under Sections 341, 294(b), 323 and 307 of IPC in Crime No.144 of 2022, seek bail.

2. The petitioners herein were arrested on 02.04.2022 on a complaint given by one Arunkumar alleging that while he was proceeding in a car to his house near Renderipattu koot road, these two petitioners obstructing the road by parking their two wheeler and refused to give way for the defacto complainant. When the defacto complainant blow horn for way, these two petitioners have attacked him by hands and legs and scolded him using abusive language and when they tried to attack him with boulder, the public person saved him from the attack. The defacto complainant was admitted in the Polur Government Hospital and got discharged after the treatment. The A.R. report indicates that the injuries are simple in nature.

3.Considering the fact that the petitioners are in prison since 02.04.2022 and considering the nature of the injury caused, this Court is inclined to grant bail to the petitioners. 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Polur;

(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 appear before the respondent 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 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];

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

-sd/- 28/04/2022 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, POLUR

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI(FOR INFORMATION) 3 INSPECTOR OF POLICE, POLUR POLICE STATION, TIRUVANNAMALAI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE CC to M/S.S.MANIMARAN Advocate on payment of necessary charges Sr.6432 CRL OP.9952/2022 Date :28/04/2022 RVR 28/04/2022