Suriya v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.17020 of 2022 Suriya ... Petitioner/A1 Vs.
The State, rep.by Inspector of Police Harithuvaramangalam Police Station Thiruvarur District.
(Crime No.130 of 2022) ... Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with Crime No.130 of 2022 on the file of the respondent police. For Petitioner : Mr.S.Arumugam For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 01.07.2022 for the offences punishable under Sections 294(b), 332, 307 and 506(2) of IPC in crime No.130 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that petitioner along with other accused attacked the de-facto complainant with a knife and also threatened with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 01.07.2022. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the injured was discharged from hospital. However, he vehemently opposed to grant bail to the petitioner.
5. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner, 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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Needamangalam, 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 Coimbatore and report before the Inspector of Police, Peelamedu Police Station twice daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter 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/- 21/07/2022 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 JUDICIAL MAGISTRATE, NEEDAMANGALAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, HARITHUVARAMANGALAM POLICE STATION, THIRUVARUR DISTRICT 4 THE OFFICER INCHARGE SUB JAIL, MANNARGUDI 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE INSPECTOR OF POLICE, PEELAMEDU POLICE STATION, COIMBATORE +1 CC to Mr.S.Arumugam Advocate on payment of necessary charges SR.NO.11963 CRL OP.17020/2022 Date :21/07/2022 JPA 21/07/2022