Akash v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.14191 of 2022 Akash .. Petitioner/A1 Vs.

State rep.by, Inspector of Police, Thiruvallur Town Police Station, Thiruvallur District crime No.140 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.140 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.C.T.Saravanan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor (CRL.OP.NO.14191/2022) : MR. V.J.PRIYADARSANA, Govt. Advocate ( Crl. Side) (CRL.MP.NO.8311/2022)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.04.2022 for the offence punishable (*)under Sections 147, 148, 279, 341, 294(b), 323, 324, 363, 427, 506(ii) and 307 of IPC in crime No.140 of 2022 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the defacto complainant dashed his lorry on the petitioner's car and escaped from that place. On the same day at 7.00 p.m., when the defacto complainant was returning in his lorry near Periyakuppam Irular Colony, the petitioner

along with other accused waylaid his lorry and pulled the defacto complainant and his cleaner out of the lorry and assaulted him with knife. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that the injured has been discharged from the hospital. However, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances of the case and also considering that the injured has been discharged from the hospital, this Court is inclined to grant bail to the petitioner. 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 blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-1, Thiruvallur 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 petitioner shall report before the respondent police daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police as and when required for interrogation.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 20/06/2022 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.

[*]Amended as per order of this court dated 29.06.2022 made in Crl.MP.NO.8311/2022 in Crl.O.P.No. 14191/2022 TO 1 THE JUDICIAL MAGISTRATE, NO.I, THIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUVALLUR TOWN POLICE STATION, THIRUVALLUR DISTRICT 4 THE OFFICER INCHARGE DISTRICT JAIL, THIRUVALLUR 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. C.T.SARAVANAN Advocate on payment of necessary charges SR.NO.10343 CRL OP.14191/2022 Date :20/06/2022 JPA 20/06/2022 RW-30/06/2022