Porchelvan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13937 of 2021
1. Porchelvan ... Petitioners
2. Chiyan @ Vasanth
3. Jaishankar @ Pandian Vs.
The Inspector of Police, ... Respondent D-1, Triplicane Police Station, Chennai.
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.484 of 2021 pending investigation on the file of the respondent Police. For Petitioners : Mr.M.Hussaini Basha For Respondent : Mr.C.E.Pratap Government Advocate (Crl side)
ORDER
The petitioners, who were arrested on 23.06.2021 and remanded to judicial custody for the offence under Sections 341, 294(b), 323, 324, 448, 506(ii) of IPC, in Crime No.484 of 2021, on the file of the respondent police, seek bail.
2. This is the second bail application before this Court. The case of the prosecution is that the defacto complainant was working in the shop, the petitioners went to the shop and demanded a sum of Rs.300/- from him. When he refused to give the same, the petitioners attacked the defacato complainant with iron rod and caused injuries. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 23.06.2021. Therefore, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submitted that there are ten previous cases pending as against A1/first petitioner and there is no previous case pending as against A2 and A3. Hence, he vehemently opposed for grant of bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that there are ten previous cases pending as against the first petitioner, therefore, this Criminal Original Petition is dismissed as against the first petitioner and considering the period of incarceration suffered by the petitioners 2 and 3 and there is no previous case pending against the petitioners 2 and 3, this Court is inclined to grant bail to the petitioners 2 and 3 with certain conditions.
6. Accordingly, the petitioners 2 and 3 are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the II Metropolitan Magistrate, Egmore, Chennai-600 008, 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 petitioners 2 and 3 shall report before the respondent police, daily at 10.30 a.m. until further orders; (c)the petitioners 2 and 3 shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners 2 and 3 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 2 and 3 in accordance with law as if the conditions have been imposed and the petitioner 2 and 3 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/- 10/08/2021 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 METROPOLITAN MAGISTRATE II, EGMORE,CHENNAI-600 008 2 THE CHIEF JUDICIAL MAGISTRATE EGMORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE D-1, TRIPLICANE POLICE STATION, CHENNAI.
4 THE SUPERINTENDENT PUZHAL PRISON, CHENNAI.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.M.HUSSAINI BASHA Advocate on payment of necessary charges SR.NO.8312 CRL OP.13937/2021 Date :10/08/2021 CSK 11/08/2021