Ranjithkumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13379 of 2021 Ranjithkumar .. Petitioner Vs.
State Rep. By The Inspector of Police, Ambattur Police Station, Chennai.
Cr.No.943 of 2021.
.. Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioner on bail pending investigation in Crime No.943 of 2021 on the fikle of the respondent police. For Petitioner : Mr.T.Muruganantham For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side)
ORDER
The petitioner who was arrested on 10.06.2021 and remanded to judicial custody for the offences punishable under Sections 294(b) and 307 of IPC, in Crime No.943 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner thrown away stone on the defacto complainant's house, due to which, the daughter of the defacto complainant sustained injuries. Hence the complaint was registered.
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 10.06.2021. He further submits that he filed a bail petition in Crl.M.P.No.3062 of 2021 before the learned Principal District and Sessions Judge, Thiruvallur and the same was dismissed on 26.07.2021. Therefore, he prays to grant bail to the petitioner.
4.The learned Government Advocate (Crl.Side) submits that the injured has been discharged from the hospital and there is one previous case as against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.
5. Considering the fact that the injured has been discharged from the hospital and also taking note of the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:
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, each for a like sum to the satisfaction of the learned Judicial Magistrate, Ambattur, 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 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 02/08/2021 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, AMBATTUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE SUPERINTENDENT CENTRAL PRISON, PUZHAL, CHENNAI 4 THE INSPECTOR OF POLICE, AMBATTUR POLICE STATION, CHENNAI 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges CRL OP.13379/2021 Date :02/08/2021 RW 03/08/2021