Vinoth @ Vinoth Kumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.17131 of 2022 1.Vinoth @ Vinoth Kumar
2. Padayappa @ Ramamoorthi ...Petitioners Vs.
State, Rep. by The Inspector of Police, Kaveripakkam Police Station, Ranipet District.
Crime No.144 of 2022
...Respondent
PRAYER:-Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.144 of 2022 pending investigation on the file of the respondent police. For Petitioners : Mr.S.Sairaman For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioners, who were arrested and remanded to judicial custody on 01.07.2022 for the offence under Sections 147, 148, 294(b), 323, 324 & 506(ii) read with Section 3 of TNPPDL Act, in Crime No.144 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that, there was a wordy quarrel between the petitioners and the defacto complainant, due to which, the petitioners abused the defacto complainant in filthy language and assaulted with hands and wooden log and further the petitioners caused damages to the defacto complainant's Auto to the tune of Rs.,5,575/-. Hence, the case.
3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. On instructions, he would further submit that the petitioners are ready to deposit a sum of Rs.2,000/- (Rupees Two Thousand Only)each to the credit of the crime No.144 of 2022 and prays for grant of bail to the petitioners. 4.The learned Additional Public Prosecutor submitted that apart from this
case, there are two previous case pending against the first petitioner and there is one previous pending against the second petitioner. Hence, he opposed to grant bail to the petitioners.
5. Taking into consideration the facts of the case and the submissions made by the learned counsel for the petitioners and also taking note of the fact that the petitioners has come forward to deposit a sum of Rs.2,000/- each to the credit of the Crime No.144 of 2022, this Court is inclined to grant bail to the petitioners.
6. Accordingly, the petitioners shall deposit a sum of Rs.2,000/-(Rupees Two Thousand only)each, to the credit of the Crime No.144 of 2022, and on such deposit, the petitioners 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 blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Walajapet, Ranipet District 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 petitioners shall report before the respondent police twice daily at 10.30.a.m., and 04.30.p.m., for a period of four weeks and thereafter report before the respondent police daily at 10.30.a.m., until further orders.
[c] the petitioners shall not abscond either during investigation or trial. [d] the petitioners 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 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
22.07.2022 Sma To
1. Learned Judicial Magistrate No.I, Walajapet, Ranipet District.
2.The Inspector of Police, Kaveripakkam Police Station, Ranipet District.
3. Central Prison, Vellore.
4.The Public Prosecutor, High Court of Madras.
G.K.ILANTHIRAIYAN, J.
Sma Crl.O.P.No.17131 of 2022 22.07.2022