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Madras High CourtCRL OP/12999/2023granted

M. Prabu v. Inspector Of Police

2023-06-12Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

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

The State represented by, The Inspector of Police, Thiru. Vi.Ka. Nagar Police Station, Perambur, Chennai.

(Crime No.194 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to grant bail to the petitioner in Crime No.194 of 2023 pending investigation on the file of respondent Police. For Petitioner : Mr.B.Kalaiarasan 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 18.05.2023, for the offence punishable under Sections 294(b), 323, 324, 506(ii) of IPC, in connection with Crime No.194 of 2023, registered on the file of the respondent, seeks bail.

2. The case of the prosecution is that due to the rental dispute, the petitioner/accused, who had rented the Auto Rikshaw from the de-facto complainant, had abused and assaulted the de-facto complainant with his hands and wooden logs, due to which, he sustained grievous injuries. Hence the case.

3. Learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated into this case. He further submitted that there was a previous dispute between the petitioner and the de-facto complainant, due to which, the de-facto complainant had lodged a false complaint as against the petitioner. He also submitted that the investigation in this case is almost completed and the petitioner is languishing in judicial custody from 18.05.2023 . He further submitted that the petitioner 2/6

is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that due to the rental dispute, the accused/petitioner had abused the de-facto complainant with a filthy language and assaulted him with wooden log and hands, due to which, he sustained grievous injuries. He also submitted that the injured has been treated as inpatient and he has also been discharged from the hospital on 20.05.2023, however, he vehemently 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 and perused the entire 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 taking note of the period of incarceration suffered 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 V Metropolitan Magistrate, Egmore, Chennai., 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 Usilampatti and report before the Inspector of Police, Usilampatti 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 4/6

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 abscond, a fresh FIR can be registered under Section 229A IPC.

12.06.2023 ham To

1. The V Metropolitan Magistrate, Egmore, Chennai.

2. The Inspector of Police, Thiru. Vi.Ka. Nagar Police Station, Perambur, Chennai.

3. The Central Prison, Puzhal, Chennai.

4. The Inspector of Police, Usilampatti Town Police Station, Usilampatti.

5. The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA.,J.

ham 12.06.2023 6/6