Sasikumar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 14.08.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11500 of 2020 Sasikumar ... Petitioner Vs.
The State Rep. by ... Respondent The Inspector of Police Needamangalam Police Station Tiruvarur District (Crime No.972 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with the Crime No.972 of 2020, on the file of the Inspector of Police, Needamangalam Police Station, Needamangalam Taluk, Tiruvarur District.
For Petitioner : Mr.D.Bharathy For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 12.07.2020 for the offences punishable under Section 147, 148, 294(b), 448, 506(ii) IPC and 3(1) of Tamil Nadu Public Property (Damage and Loss) Act, in Crime No.972 of 2020 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that due to previous enmity, wordy quarrel arose between the petitioner and the defacto complainant, due to which, the petitioner along with other accused had assaulted the defacto complainant and also damaged the property of the defacto complainant and have threatened his family members with dire consequences.
3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that it is a case and a
counter case. He would further submit that the petitioner was also attacked by the defacto complainant and his complaint has been registered in Crime No.971 of 2020, which is prior to this complaint. He would further submit that the injured have been discharged.
4.The learned Government Advocate (Crl. Side) would submit that due to previous enmity, wordy quarrel arose between the parties and they have attacked each other. The petitioner along with other accused had also attacked the relatives of the defacto complainant and have damaged his property. He would further submit that it is a case in counter. The petitioner's complaint has been registered in Crime No.971 of 2020. He would further submit that the injured have been discharged.
5.Taking into consideration of the fact that it is a case and case in counter, and also considering the submissions made by the learned counsels and period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
(a)Accordingly, the petitioner is ordered to be released on bail on condition to execute his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release;
(b)the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the District Munsif cum Judicial Magistrate, Needamangalam, within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, failing which the bail granted by this Court shall stand dismissed automatically; (c)the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity;
(d)the petitioner shall report before the respondent police everyday at 10.30 a.m. until further orders.
(e)the petitioner shall not commit any offences of similar nature;
(f)the petitioner shall not abscond either during investigation or trial;
(g)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(h)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];
(i)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6.With the above directions, this Criminal Original Petition is ordered.
-sd/- 14/08/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE NEEDAMANGALAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, NEEDAMANGALAM POLICE STATION, TIRUVARUR DISTRICT.
5 THE OFFICER INCHARGE SUB-JAIL, MANNARGUDI CC to M/S.D.BHARATHY Advocate on payment of necessary charges CRL OP.11500/2020 Date :14/08/2020 TA-08/09/2020