Bala v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11922 of 2022 BALA [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, RATHINAPURI POLICE STATION, (*)COIMBATORE DISTRICT.

(CRIME NO.164 OF 2022) For Petitioner : M/S.M.SUBASH Advocate For Respondent : MR.E.RAJ THILAK Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 26.03.2022 for the alleged offence under Sections 397, 392, 506(ii), 120(B) and 147 of IPC in Crime No.164 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant and his friend were driving a vehicle and the accused persons intercepted and abused the defacto complainant in filthy language and assaulted him. There are totally six accused persons in this case and the petitioner has been ranked as A-6.

3. Heard Mr. M.Subash, learned counsel appearing for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor appearing for the respondent.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner had already suffered incarceration for nearly 54 days and there are no bad antecedents for

the petitioner, this Court is inclined to enlarge the petitioner on bail.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.II, Coimbatore 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 petitioner shall report before the respondent police every Friday at 6.30 p.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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/- 19/05/2022 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.

[*] Amended as per order of this Court dated 01/06/2022 made in CRL.MP.NO.6984 OF 2022 IN CRL.O.P.No.11922 OF 2022. BY The Hon`ble Mr Justice C.V. KARTHIKEYAN

TO 1 THE JUDICIAL MAGISTRATE COURT NO.II COIMBATORE 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, RATHINAPURI POLICE STATION, SALEM DISTRICT.

5 THE INSPECTOR OF POLICE, RATHINAPURI POLICE STATION, (*)COIMBATORE DISTRICT.

6 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

+1 CC to M/S.M.SUBASH Advocate on payment of necessary charges SR.NO.8315 CRL OP.11922/2022 Date :19/05/2022 SP(20/05/2022) TA-03/06/2022