M.Velmurugan v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11923 of 2021 M.Velmurugan ... Petitioner Vs.

State rep. by its The Inspector of Police, Ammapet Police Station, Salem District.

(Crime No.285 of 2021) ... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail pending investigation in Crime No.285 of 2021 on the file of the respondent police.

For Petitioner : Mr.G.Punniakoti For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner who was arrested on 23.06.2021 for the offence under Sections 279, 338 and 304(ii) of I.P.C. on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the petitioner is alleged to have driven the vehicle in a rash and negligent manner and hit the rear side of a motor cycle due to which the defacto complainant sustained injuries.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution.

4.Heard the submissions made by the learned Government Advocate (Criminal Side).

5.Considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Salem and on further condition 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, daily at 10.30 a.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 petitioners 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 18/08/2021 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 NO.V, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE, SALEM DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, SALEM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.G.PUNNIAKOTI Advocate on payment of necessary charges SR.NO.8703 CRL OP.11923/2021 Date :18/08/2021 INBA 19/08/2021