Madras High CourtCRL OP/10826/2021granted

R.Santhosh v. The State By

2021-06-24Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10826 of 2021

1. R.Santhosh

2. S. Surya

3. Mohan @ S. Mohan Raj ... Petitioners Vs.

State rep. by its The Inspector of Police, E2 Royapettah Police Station, Chennai.

(Crime No.284 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.284 of 2021 on the file of the respondent police. For Petitioners: Mr.C. Ganesh Pandian For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioners who were arrested on 17.06.2021 and remanded to judicial custody for the offences under Sections 341, 294(b), 147,148,324 and 506(ii) 307 of I.P.C in Cr.No.284 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that due to previous enmity the petitioners along with accused waylaid the defacto complainant and attacked him by using stones and caused injuries to him. Hence, the law enforcing registered a case against the petitioners.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and he has been falsely implicated in this case and the petitioners have been in jail from 17.06.2021. He would further submit that the petitioners have also filed a complaint against the defacto complainant in Cr.No.285 of 2021, as a counter blast the present complaint has been filed. Therefore, he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that there is no previous case pending against the petitioners.

5. Considering the period of incarceration suffered by the petitioners and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioners subject to the following conditions:

(a) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each before the Superintendent of the Sub Jail, Saidapet, in which the petitioners are confined and on such execution the petitioners shall be released from prison; (b) Within a period of four weeks after the release, the petitioners shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the XVIII Metropolitan Magistrate Saidapet, Chennai.

(c ) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioners are permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated.

(d)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; (e)the petitioners shall report before the respondent police, daily at 10.30 a.m.

(f)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(g)the petitioners shall not abscond either during investigation or trial;

(h)on breach of any of the aforesaid conditions, the learned 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]; and;

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

-sd/- 24/06/2021 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 XVIII METROPOLITAN MAGISTRATE SAIDAPET, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, E2 ROYAPETTAH POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, SUB JAIL, SAIDAPET, CHENNAI CC to M/S. C.GANESH PANDIAN Advocate on payment of necessary charges CRL OP.10826/2021 Date :24/06/2021 RVR 25/06/2021