Madras High CourtCRL OP/11819/2021granted

M.Periyasamy v. The State Rep.By

2021-07-13Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11819 of 2021 M.Periyasamy ... Petitioner Vs.

State Rep by, The Inspector of Police, Moolanur Police Station, Tiruppur District.

(Crime No.126 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in connection with Crime No.126 of 2021 on the file of respondent police.

For Petitioner : Mr.S. Rajkumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 16.06.2021 and remanded to judicial custody for the offences under Sections 147, 148, 448, 294(b), 506(ii) of I.P.C and Sections 3(1) and 4 of Tamil Nadu Public Property ( Prevention of Damage & Loss) Act altered to 120(B) 147, 148, 448, 294(b), 506(ii) of I.P.C and Sections 3

(1) and 4 of Tamil Nadu Public Property ( Prevention of Damage & Loss) Act in Crime No.126 of 2021, on the file of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners damaged the defacto complainant's property and also attacked the defacto complainant with iron rod and caused injuries to him. Hence the law enforcing agency registered the case against the petitioner.

3. The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that this Court has granted anticipatory bail to the co-accused in Crl. O.P.No.10317 of 2021 dated 15.06.2021.

5. Considering the period of incarceration suffered by the petitioner and this Court had already granted bail to the coaccused in Crl.O.P.No.10317 of 2021 dated 15.06.2021. and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the District Jail, Tiruppur, in which the petitioner is confined and on such execution the petitioner shall be released from prison; (b) Within a period of four weeks after the release, the petitioner shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Dharapuram.

(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 petitioner is 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 petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders; (f)the petitioner shall not tamper with evidence or witness either during investigation or trial; (g)the petitioner 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 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]; and; (i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 13/07/2021 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 THE JUDICIAL MAGISTRATE, DHARAPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE OFFICER INCHARGE, DISTRICT JAIL, TIRUPPUR.

4 THE INSPECTOR OF POLICE, MOOLANUR POLICE STATION, TIRUPPUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.RAJKUMAR Advocate on payment of necessary charges CRL OP.11819/2021 Date :13/07/2021 MK:14/07/2021