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Madras High CourtCRL OP/12824/2022granted

Arokiya Arulnath v. State By

2022-06-09Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.Nos.12824 & 13237 of 2022 Crl.OP.No.12824 of 2022 1.Arokiya Arulnath 2.Cristhuraj ..Petitioners Vs.

State by The Inspector of Police, Elavanasurkottai Police Station, Villupuram District crime No.109 of 2022 ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.109 of 2022 pending investigation on the file of the respondent police. For Petitioners : Mr.D.Ashokkumar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor Crl.OP.No.13237 of 2022 V.Jaison ..Petitioner Vs.

State by The Inspector of Police, Elavanasurkottai Police Station, Villupuram District crime No.109 of 2022 ..Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.109 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.D.Ashokkumar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor COMMON ORDER The petitioners, who were arrested and remanded to judicial custody on 14.05.2022 for the offence punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) & 307 of IPC in crime No.109 of 2022 on the file of the respondent police, seek bail.

2. It is the case of the prosecution that due to election enmity between the petitioners and the defacto complainant, a wordy quarrel arose between them and at that time, they attacked the defacto complainant , wherein the defacto complainant sustained injuries. Hence, the case.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays to grant bail to the petitioners.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that on the occurrence day, the defacto complainant was attacked by the petitioners, thereby the defacto complainant sustained simple injuries. He would further submit that the defacto complainant has been discharged from the hospital. However, he vehemently opposed to grant bail to the petitioners. 5.Considering the above facts and circumstances of the case and the period of incarceration by the petitioners, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) (each) with two blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Ulundurpet, Villupuram 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 stay at Chennai and report before the Inspector of Police, Egmore Police Station, Chennai daily at 10.30 a.m. and 05.30 p.m. for a period of two weeks and thereafter report before the respondent police daily at 10.30 a.m. and 05.30 p.m. for a period of two weeks and thereafter report before the respondent police as and when required for interrogation [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 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 09/06/2022 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, NO.I, ULUNDURPET, VILLUPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL JAIL, CUDDALORE.

4 THE INSPECTOR OF POLICE, ELAVANASURKOTTAI POLICE STATION, VILLUPURAM DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE, EGMORE POLICE STATION, CHENNAI.

+2 CC to M/S. D.ASHOKKUMAR Advocate on payment of necessary charges SR.NOs. 8745 & 8746 CRL OP.NOs.12824 & 13237/2022 Date :09/06/2022 RW-09/06/2022