Aravinth v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.17255 of 2021 1.Aravinth ... Petitioners 2.Anandhu 3.Salman Paris Vs.
State rep by ... Respondent The Inspector of Police, E-3, Saravanampatti Police Station, Coimbatore District.
(Crime No.842 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.842 of 2021 pending investigation on the file of respondent. For Petitioner : Mr. M. Vinoth For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioners who were arrested on 01.09.2021 and remanded to judicial custody for the offences under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) of IPC in Crime No.842 of 2021 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners unlawfully assembled in the place of occurrence and picked up quarrel with the defacto complainant and assaulted the defacto complainant by using aruval and threatened him with dire consequences. Hence the law enforcing agency registered a case against the petitioners
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 01.09.2021. 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. 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:
6. 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 Court No.II, Coimbatore 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/- 17/09/2021 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, NO.II, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, E-3, SARAVANAMPATTI POLICE STATION, COIMBATORE DISTRIT.
5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
+1 CC to M/S.M.VINOTH Advocate on payment of necessary charges SR.NO.10248 CRL OP.17255/2021 Date :17/09/2021 TA-20/09/2021