Ramesh v. The State Of Tamilnadu Through The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11341 of 2022 1 RAMESH [ PETITIONERS / ACCUSED ] 2 CHANDRAN 3 SURESH Vs THE STATE OF TAMILNADU THROUGH [ RESPONDENT ] THE INSPECTOR OF POLICE, PARAMATHI POLICE STATION, NAMAKKAL DISTRICT.

(CRIME NO.57 OF 2022) For Petitioner : M/S.DEEPAN UDAY Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 05.04.2022 for the alleged offences under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) of IPC in Crime No.57 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the de facto complainant and his family members were assaulted by the accused persons and they were also abused and threatened by the accused persons.

3. Heard Mr.Deepan Uday, learned counsel for the petitioners and Mr.S.Santhosh, learned Government Advocate (Criminal Side) for the respondent.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the petitioners have already suffered incarceration for nearly 43 days and there are no previous cases against the petitioners, this Court is inclined to grant bail to the petitioners subject to certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.5,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of

the Judicial Magistrate-Paramathi, Namakkal District and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners shall report before the respondent police on every Friday at 6.30 p.m for a period of six weeks and thereafter as and when required [c] the petitioners shall not abscond either during investigation or trial.

[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 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/- 18/05/2022 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, PARAMATHI, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, NAMAKKAL DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE INSPECTOR OF POLICE, PARAMATHI POLICE STATION, NAMAKKAL DISTRICT.

5 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS-104.

CC to M/S.DEEPAN UDAY Advocate on payment of necessary charges CRL OP.11341/2022 Date :18/05/2022 srg 20/05/2022