Narayanan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Narayanan ... Petitioner Vs.

The State represented by, The Inspector of Police, P3 Police Station, Vysarpadi, Chennai.

(Crime No.109 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.109 of 2023, pending investigation on the file of the respondent Police.

For Petitioner : Mr.A.Anandhan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 11.05.2023 for the offences punishable under Sections 34, 341, 147, 148, 294(b), 324, 307 and 506(ii) of IPC in Crime No.109 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution as per the defacto complainant/ Saravanan is that due to previous enmity, the petitioner along with other accused, in an inebriated condition, had picked up a quarrel with the defacto complainant, during the quarrel, the accused have abused him in a filthy language and assaulted him with wooden log. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and due to previous enmity, a false complaint has been given against him. He would further submit that the petitioner has not committed any offence as alleged by the prosecution. He would also submit that the petitioner is in custody from 11.05.2023 and he is ready to abide by any stringent condition that may be imposed by this Court. Hence, he prayed for grant of bail to the petitioner. 2/6

4. Learned Government Advocate (Crl.Side) appearing for the respondent Police submitted that due to previous enmity, the petitioner along with other accused, in an inebriated condition, had picked up a quarrel with the defacto complainant, during the quarrel, they have abused him and assaulted him with wooden log. He further submitted that two previous cases are pending against the petitioner, out of which, one case has been registered for the offence under 380 IPC and another case has been registered for the offence under City Police Act. Hence, he opposed for grant of bail to the petitioner.

5. Heard the learned Counsel for the Petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 3/6

7. 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 X Metropolitan Magistrate, 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 stay at Perambalur and report before the Inspector of Police, Perambalur Town Police Station, everyday at 10.30 a.m., until further orders;

[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]; 4/6

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

22.06.2023 vkr To

1. The X Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, P3 Police Station, Vysarpadi, Chennai.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

vkr 22.06.2023 6/6