Abu@Abdul Salam v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice D.BHARATHA CHAKRAVARTHY CRIMINAL ORIGINAL PETITION NOs.12693 AND 12699 of 2022 ABU @ ABDUL SALAM [ PETITIONER / ACCUSED IN CRL.OP.NO.12693/2022] 1 P.KANNAN [ PETITIONERS/ ACCUSED 2 P.MANIKANDAN @ VINOTH IN CRL.OP.NO.12699/2022] Vs THE STATE REPRESENTED BY [ RESPONDENT/COMPLAINANT THE INSPECTOR OF POLICE IN BOTH PETITIONS] METTUPALAYAM POLICE STATION, COIMBATORE DISTRICT.

(CRIME NO.343/2022) For Petitioner : M/S.I.PERIASWAMY Advocate [IN CRL.OP.NO.12693/2022] : M/S.A.NAFIES,Advocate [IN CRL.OP.NO.12699/2022] For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor [IN BOTH PETITIONS] 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 07.04.2022 for the alleged offence under Sections 147, 148, 294(b), 307, 323, 324, 341 and 506(2) IPC in Crime No.343 of 2022 on the file of the respondent police, seek bail.

2. In this case, on 06.04.2022, it is alleged that the petitioners, due to previous enmity, way laid and attacked the victim.

3. The learned Additional Public Prosecutor would submit that the injured victim was discharged from the hospital on 07.04.2022.

4. Considering the nature of the occurrence and the manner in which, it is occurred and the fact that the petitioner in Crl.O.P.No.12693 of 2022 has one previous case similar in nature and the petitioners in Crl.O.P.No.12699 of 2022 have no previous bad antecedents, I am inclined to enlarge the petitioners on bail.

5. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs. 10,000 /- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Mettupalayam, Coimbatore on the following further conditions:- [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 daily at 10.30 am until further orders.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 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.

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 26/05/2022 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, METTUPALAYAM, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE METTUPALAYAM POLICE STATION, COIMBATORE DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON,COIMBATORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.I.PERIASWAMY Advocate on payment of necessary charges SR.No.7906 +1CC to M/S.A.NAFIES Advocate on payment of necessary charges SR.No.7905 CRL OP.NOs.12693&12699/2022 Date :26/05/2022 CSK 26/05/2022