Surya Prakash v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.05.2021 CORAM :
THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8589 of 2021 Surya Prakash ... Petitioner Vs.
State Rep. by The Inspector of Police, M-4, Thudiyalur Police Station Coimbatore District.
(Crime No.1790 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pending investigation in Crime No.1790 of 2020 on the file of the Respondent Police.
For Petitioner : Mr.S.N.Arunkumar For Respondent : Mr.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 petitioner was arrested and remanded to judicial custody on 18.04.2021 for the offences punishable under Sections 147, 148, 294(b), 324 and 307 of IPC @ 147, 148, 294(b), 324 and 302 of IPC in Crime No.1790 of 2020, seeks bail.
3. There are seven accused in this case. The motive appears to be a gang rivalry between two smuggling parties of PDS Rice. The learned Government Advocate (Crl.Side) opposes grant of bail to the petitioner on the ground that two other accused are still absconding. Since, A1 to A4 were already granted bail, the petitioner is also granted bail subject to the following conditions : (a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a 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 Judicial Magistrate No.1, Coimbatore 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 petitioner, on their release from prison, shall report before the respondent police daily at 10.30 a.m. for the period of two weeks and thereafter, as and when required for interrogation; (d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) 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];
(h) 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/- 05/05/2021 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 JUDICIAL MAGISTRATE NO.I, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. (FOR INFORMATION) 3 THE INSPECTOR OF POLICE, M-4, THUDIYALUR POLICE STATION, COIMBATORE DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
5 THE PUBLIC PROSECUTOR, HIGH COURT OF MADRAS, CHENNAI.
+1 CC to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges CRL OP.8589/2021 Date :05/05/2021 rg.06.05.2021