Suganthi v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.05.2021 CORAM :
THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8674 of 2021
1. Suganthi
2. Bashir Ahamed ... Petitioners Vs.
State rep. by The Inspector of Police, Mylapore Police Station, Chennai.
(Crime No.252 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.252 of 2021 pending on the file of the respondent. For Petitioners : Mr.R.Sasikumar For Respondent : Mr.L.Charles Premkumar Government Advocate (Crl. Side) ****
O R D E R
(The case has been heard through video conference) Heard the learned counsel on either side.
2. The petitioners are in custody since 18.04.2021 for the offence under Sections 147, 148, 294(b), 427, 458, 307, 324 and 506 (ii) of IPC.
3. The injured is the husband of the first petitioner, due to misunderstanding between them, the incident said to have taken place. The injured has since been discharged from the hospital.
4. Hence, bail is granted to the petitioners subject to the following conditions:
(a) Accordingly, the petitioners are ordered to be released on bail on condition to execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, and on further conditions that: (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 shall not commit any offences of similar nature;
(d) the petitioners shall not abscond either during investigation or trial;
(e) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(f) 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];
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
5. With the above directions, this Criminal Original Petition is ordered.
-sd/- 06/05/2021 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 XVIII METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.
(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, MYLAPORE POLICE STATION, CHENNAI.
4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
5 THE OFFICER INCHARGE SUB JAIL, POONAMALLEE.
6 THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS, CHENNAI.
+1 CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges SR.No.5936 CRL OP.8674/2021 Date :06/05/2021 RG.07.05.2021