R.Vigneshwaran @ Kulla Vicky v. The Inspector Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.15553 of 2022 R.Vigneshwaran @ Kulla Vicky ..Petitioner/ A3 Vs.
The Inspector of Police, ..Respondent P-5, MKB Nagar Police Station, Chennai crime No.1322 of 2017.
PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.1322 of 2017 pending investigation on the file of the respondent police. For Petitioner : Mr.K.Purushothaman For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 06.06.2022 for the offences punishable under Sections 341, 294(b), 336, 307 & 506(ii) of IPC r/w Section 3 of TN Public Property (Private of Damage & Loss) Act, 1992 in crime No.1322 of 2017 on the file of the respondent police, seeks bail
2. The case of the prosecution is that on 10.09.2017 at about 5.30 p.m., when the defacto complainant questioned the accused persons with regard to using unparliamentary words, they assaulted with knife and caused head injuries. Hence, the case.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that due to previous enmity, on the date of occurrence, the accused persons waylaid the defacto complainant and assaulted with knife and caused head injuries. He would further submit that the defacto complainant was discharged from the hospital in the year 2017 itself and since the petitioner was absconding, now only he was arrested.
5. Considering the above facts and circumstances of the case, 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 X Metropolitan Magistrate, Egmore Court at Egmore 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/- 06/07/2022 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.
TO 1 THE X METROPOLITAN MAGISTRATE, EGMORE COURT AT EGMORE, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR POLICE P-5, MKB NAGAR POLICE STATION, CHENNAI.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI..
+1 CC to M/S.K.PURUSHOTHAMAN Advocate on payment of necessary charges SR.NO.10776 CRL OP.15553/2022 Date :06/07/2022 TA-06/07/2022