Kariyaraman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Kariyaraman

...Petitioner

Vs.

The State rep by The Inspector of Police, Harur Police Station, Dharmapuri District.

Crime No.246 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. 246 of 2022 on the file of the respondent. For Petitioner : Mr. J. Pradeep For Respondent : Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.07.2022 for the offences punishable under Sections 307 of IPC read with Section 27(1), 25(1)(a) Indian Arms Act, 1959 in crime No.246 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, there was a pathway dispute in between the petitioner and the defacto complainant. It is alleged that the petitioner had fired his country made pistol towards the defacto complainant, due to which, the defacto complainant sustained injuries. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is nothing to do with the alleged offence and he has been falsely implicated in this case. That apart, the petitioner has been suffering incarceration from 17.07.2022. Hence, he seeks for grant of bail to the petitioner.

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4. The learned Additional Public Prosecutor would submit that the injured victim has been discharged from the hospital. However, he opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner ie., from 17.07.2022, this Court is inclined to grant bail to the petitioner.

6. 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 Court, Harur, Dharmapuri 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. 3/6

[b] the petitioner 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 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.

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To:

1. Judicial Magistrate Court, Harur, Dharmapuri District.

2. The Inspector of Police, Harur Police Station, Dharmapuri District.

3. District jail, Dharmapuri District.

4. The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

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