S.Arokia Rooban v. State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.12513 of 2021 S. Arokia Rooban ... Petitioner Vs.
State: Inspector of Police, K8-Arumbakkam Police Station, Chennai Crime No.866 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 the case in Cr.No.866 of 2021 pending investigation on the file of the respondent Police.
For Petitioner : Mr.M. Rajavelu For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
ORDER
The petitioner, who was arrested on 24.06.2021 and remanded to judicial custody for the offence under Sections 307 and 302 IPC in Cr.No.866 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that When the defacto complainant and his friends were staying in the hotel namely, Star Guest House on 17.06.2021, there was a quarrel with the persons who were staying in the next door. After some time, when the defacto complainant and his friends came out of the hotel room, the petitioner along with the accused persons waylaid them and assaulted the friends of the defacto complainant due to previous enmity, whereby one of his friend was died and another one is taking treatment in the Hospital. Therefore, the defacto complainant has lodged a police complaint and the petitioner was arrested and remanded to judicial custody.
3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 24.06.2021. Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the petitioner has involved in group attack and caused serious injuries to the friends of the defacto complainant and further there is no previous case pending against the petitioner and the investigation is almost completed.
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 V Metropolitan Magistrate, Egmore, Chennai, 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 is directed to appear before the respondent police daily morning at 10.30 am 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 26/07/2021 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 NO.V METROPOLITAN MAGISTRATE, EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 INSPECTOR OF POLICE, K8, ARUMBAKKAM POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE OFFICER INCHARGE, SUB JAIL, CHENGELPATTU CC to M/S. M.RAJAVELU Advocate on payment of necessary charges Sr.7720 CRL OP.12513/2021 Date :26/07/2021 RVR 27/07/2021