Sivabalaji v. The State Of Tamilnadu Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.16244 of 2021 1.Sivabalaji ... Petitioners 2.Sathish 3.Vigneshvaran @ Vichu Vs.
State rep by ... Respondent The Inspector of Police, Roshanai Police Station, Villupuram District.
(Crime No.452 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.452 of 2021 pending investigation on the file of respondent. For Petitioner : Mr.R. Veeramani For Intervenor : MR.Senthil Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioners who were arrested on 19.08.2021 and remanded to judicial custody for the offences under Sections 147, 148, 448, 294 (b), 324, 506(ii) and 307 of IPC r/w 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.452 of 2021 on the file of the respondent police, seek bail.
2. The case of the prosecution is that there was a dispute between the defacto complainant and petitioners with regard to maitaining of Lakshmi Narayanaperumal Temple, Deevanur Village thereby the petitioners attacked the defacto complainant with wooden log all over the body and he sustained injury. Hence the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 19.08.2021. Therefore, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners have involved in group attack and caused serious injuries to the defacto complainant. He further submits that the injured discharged from the hospital Hence he opposed for grant of bail to the petitioner.
5. The learned counsel for the intervenor vehemently opposed for grant of bail to the petitioner.
6. Considering the period of incarceration suffered by the petitioners and the injured discharged from the hospital, this Court is inclined to grant bail to the petitioners with certain conditions:
7. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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 No.I,Tindivanam, 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 petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 07/09/2021 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-I, TINDIVANAM.
2 THE CHIEF JUDICIAL MAGISTRATE, VILLUPURAM. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ROSHANAI POLICE STATION, VILLUPURAM DISTRICT.
4 THE OFFICER INCHARGE, SUB JAIL, TINDIVANAM.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.R.VEERAMANI Advocate on payment of necessary charges SR.NO.9633 CRL OP.16244/2021 Date :07/09/2021 CSK 08/09/2021