Siva@Sivaraj v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.OP.No.15626 of 2021 Siva @ Sivaraj ... Petitioner Vs.
State rep by The Inspector of Police, B-1 Siva Kanchi Police Station, Kancheepuram District.
Crime No.1668 of 2021 ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioner on bail in Crime No. 1668 of 2021 on the file of the respondent police. For Petitioner : Mr.D. Dayalan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested and remanded to judicial custody from 08.08.2021 for the offence punishable under Sections 294(b), 324,307 of I.P.C in Cr.No. 1668 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to previous enmity the petitioner dashed the ambulance in which he is driver against the defacto-complainant. Due to which the petitioner sustained grievous injuries. Hence, the complaint was registered.
3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 08.08.2021. Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that the injured discharged from the hospital and there is no previous cases pending against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.
5. Considering the facts of the case and the injured discharged from the hospital and also considering the period of incarceration suffered by the petitioner , this Court is inclined to grant bail to the petitioner with certain conditions:
6. 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 satisfaction of the learned Judicial Magistrate-I at Kancheepuram 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 petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 31/08/2021 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, NO.I, KANCHEEPURAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, B1-SIVA KANCHI POLICESTATION, KANCHEEPURAM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE OFFICER INCHARGE, SUB JAIL, KANCHEEPURAM CC to M/S.D.DAYALAN Advocate on payment of necessary charges Sr.9308 CRL OP.15626/2021 Date :31/08/2021 RVR 01/09/2021