Dineshkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13945 of 2021

1. Dineshkumar

2. Srithanran

3. Selvaraj

4. Vasanthi ... Petitioners Vs.

State rep. by The Inspector of Police, Erumapatty Police Station, Namakkal District.

(Crime No.523 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.523 of 2021 on the file of the respondent police. For Petitioners : Mr.K.Selvakumar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

The petitioners who were arrested on 02.07.2021 and remanded to judicial custody for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307 of IPC, in Crime No.523 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant and the petitioners are Srilankan refugees attached to SLR Camp, Mettupatti post, Mohanur Taluk and the friend of defacto complainant and A8 herein were indulged in love affair and elopement and as a result of which, there was a wordy quarrel between the petitioners and the defacto complainant's groups, the petitioners along with other accused persons had assaulted the friend of the defacto complainant 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 02.07.2021. Therefore, he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the injured person has been discharged from the hospital and there is no previous case pending against the petitioners. However, he vehemently opposed for grant of bail to the petitioners.

5. Considering the fact that the injured person has been discharged from the hospital and also considering the period of incarceration suffered by the petitioners and there is no previous case pending against the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions:

6. Accordingly, the petitioners 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 learned Judicial Magistrate, Sendamangalam, Namakkal District, 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 shall report before the respondent police, daily at 10.30 a.m. until further orders;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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/- 12/08/2021 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, SENDAMANGALAM, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, ERUMAPATTY POLICE STATION, NAMAKKAL DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM CC to M/S. K.SELVAKUMAR Advocate on payment of necessary charges Sr.8475 CRL OP.13945/2021 Date :12/08/2021 RVR 13/08/2021