Arunkumar v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2023

CORAM

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

The State represented by, The Inspector of Police, P-5 Police Station, M.K.B Nagar, Chennai.

(Crime No.715 of 2022).

... 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.715 of 2022, pending investigation on the file of the respondent Police.

For Petitioner : M/s.AGD Balakumar For Respondent : Mr.C.E.Pratap Government Advocate (Crl.side) 1/8

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 01.03.2023 for the alleged offences under Sections 294(b), 323, 307 and 506(ii) of IPC in crime No.715 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 25.09.2022, around 1.30 a.m., when the de facto complainant, who is working as Water Board Lorry Driver in Vyasarpadi area, was sleeping in the lorry, the accused had picked up the quarrel with him, during which, they had abused and assaulted him with knife, causing injuries. Hence the case.

3. Learned counsel appearing for the petitioner submitted that this is the second application for bail filed by the petitioner before this Court and this Court had dismissed the earlier bail application in Crl.O.P.No.9808 of 2023 vide order dated 05.05.2023 stating that the petitioner is a habitual offender having 18 previous cases. He further submitted that the petitioner was arrested on 01.03.2023 and he is in custody for more than 100 days and till date, the final report has not been filed by the respondent Police, thereby, 2/8

the petitioner is entitled for statutory bail under Section 167(2) Cr.P.C. Hence, he prayed for grant of bail to the petitioner.

4. The respondent has filed a detailed counter and fr the previous antecedents of the petitioner are extracted hereunder. S No.

P.S. & Crime No.

Sections Stage 1.

P-5, M.K.B. Nagar, P.S.

Cr. No. 1416/2017 u/s 341, 294(b), 323, 324, 506(ii) of IPC Under Investigation u/s 341, 294(b), 506(ii) of IPC and Sec. 3 of TNPPDL Act 2.

P-5, M.K.B. Nagar, P.S.

Cr. No. 1107/2017 Under Investigation pending trial in S.C.No.148/2020 - XVII Additional Sessions Court 3.

P-5, M.K.B. Nagar, P.S.

Cr. No. 1685/2017 302 & 506(ii) of IPC 4.

P-5, M.K.B. Nagar, P.S.

Cr. No.990/2018 341, 392, 397, 506(ii) of IPC Under Investigation 5.

P-5, M.K.B. Nagar, P.S.

Cr.No.567/2019 341, 294(b), 336, 392, 397, 506(ii) Under Investigation 6.

P-5, M.K.B. Nagar, P.S.

Cr.No.710/2020 341, 392, 397 IPC Under Investigation 147, 148, 341, 294(b), 323, 397, 506(ii) IPC Under Investigation 7.

P-5, M.K.B. Nagar, P.S.

Cr. No.1185/2021 8.

P-5, M.K.B. Nagar, P.S.

Cr. No.1426/2017 379 IPC Under Investigation 9.

P-5, M.K.B. Nagar, P.S.

Cr.No.135/2022 457, 380 IPC Under Investigation 10.

P-5, M.K.B. Nagar, P.S.

Cr. No. 1082/2011 341, 324, 506(i) IPC Under Investigation 11.

P-5, M.K.B. Nagar, P.S. 341, 294(b), 506(ii) Under Investigation 3/8

S No.

P.S. & Crime No.

Sections Stage Cr. No.1091/2017 IPC & Sec 3 of TNPPDL 12.

P-5, M.K.B. Nagar, P.S.

Cr.No.1150/2020 341, 336, 397, 427 506(ii) IPC Under Investigation 13.

P-5, M.K.B. Nagar, P.S.

Cr. No.770/2019 341, 294(b) 397, 506(ii) IPC Under Investigation 14.

P-5, M.K.B. Nagar, P.S.

Cr.No.52/2020 341, 294(b),307, 506(ii) IPC Under Investigation P-6, Kodungaiyur 15.

392 IPC Under Investigation PS Crime No.191/2020 E-5, 16.

394 IPC Under Investigation Cholavaram No.143/2020 17.

P-6, Kodungaiyur Crime No.173 of 2020 341, 294(b), 394, 397, 506(ii) IPC Under Investigation 341, 294(b), 336, 427, 392, 397, 506(ii) IPC Under Investigation 18.

M-6 PS CrimeNo.1896 of 2020

5. Learned Government Advocate (Crl.side) appearing for the respondent police submitted that the petitioner along with other accused have abused and assaulted the de-facto complainant, causing grievous injuries. He further submitted that the petitioner is a habitual offender, against whom, 18 previous cases are pending which have been extracted above. He also submitted that this is the second bail application of the petitioner. He fairly conceded that the charge sheet has not been filed so far. However, he opposed to grant bail to the petitioner.

4/8

6. 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.

7. In view of the above, this Court is of the opinion that the petitioner is stated to be a history sheeted rowdy, against whom, 18 previous cases are pending, whereas, the respondent Police has not filed the final report in this case till date, therefore, taking into consideration the facts that till date, the respondent has not filed the final report and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner under Section 167(2) Cr.P.C., with certain conditions.

8. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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:

5/8

[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 everyday at 06.30 p.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]; 6/8

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

23.06.2023 ham To

1. The X Metropolitan Magistrate, Egmore.

2. The Inspector of Police, P-5 Police Station, M.K.B Nagar, Chennai.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

7/8

A.D.JAGADISH CHANDIRA.,J.

ham 23.06.2023 8/8