Sasi @ Sasidhar v. State Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Sasi @ Sasidhar
...Petitioner
Vs.
The State rep by Inspector of Police, Uddanappalli Police Station, Krishnagiri District.
Crime No.129 of 2022 ..Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No. 129 of 2022 on the file of the respondent. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor For Intervenor : Mr. Thirumoorthy 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 22.06.2022 for the offences under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC in crime No.129 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that, due to previous enmity, the petitioner waylaid the defacto complainant and abused in filthy language and also attacked with wooden log and stone. Hence, the case. 3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. That apart, the petitioner were arrested and remanded to judicial custody on 22.06.2022. Hence, he prays for grant of bail to the petitioner.
4.The learned Additional Public Prosecutor submits that the injured victim has been discharged from the hospital on 15.07.2022. However, he opposed to grant bail to the petitioner. 2/6
5. The learned counsel appearing for the intervenor submitted that the petitioner is an advocate and he was attacked by other side clients. Therefore, he sustained grievous injuries and he was not able to attend the Court only because of the injury sustained in the occurrence.
6. It is also seen from the documents that, there was a previous enmity between the petitioner's group and the victim. That apart, all the accused persons and the defacto complainant were close relatives.
7. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner ie., from 22.06.2022, this Court is inclined to grant bail to the petitioner.
8. 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 blood sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate -II, Krishnagiri and on further conditions that:
3/6
[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 Villupram and report before the Villupuram Town Police Station 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 twice daily at 10.30.a.m., and 04.30.p.m., until further orders;
[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.
04.08.2022 sma 4/6
To:
1. Judicial Magistrate -II, Krishnagiri.
2. Inspector of Police, Uddanappalli Police Station, Krishnagiri District.
3. Central Prison, Salem.
4. The Public Prosecutor, High Court of Madras 5/6
G.K.ILANTHIRAIYAN, J.
sma 04.08.2022 6/6