Madras High CourtCRL OP/17906/2021granted

P.Jayabalan v. The State Rep.By

2021-09-29Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.17906 of 2021 P. Jayabalan .. Petitioner Vs.

State Rep By .. Respondent The Inspector of Police, V-5, TIW- Thirumangalam Police Station, Chennai - 600 040.

(Crime No.172 of 2021) PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioner on bail in Crime No.172 of 2021 pending on the file of the respondent police. For Petitioner : Mr.D. Senthilkumar For Respondent : Mr.A.Gopinath Government Advocate (Criminal Side)

ORDER

The petitioner who was arrested on 03.09.2021 and remanded to judicial custody for the offences under Sections 279 and 308 of I.P.C in Crime No.172 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner under the influence of alcohol drove the car in a rash and negligent manner and dashed against a two wheeler, due to which the rider of the two wheeler sustained severe injuries in his right leg and left hand. Hence the law enforcing agency registered a case against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 03.09.2021. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready to pay Rs.1,25,000/- to the victim for taking treatment. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that due to the irresponsible act of the the petitioner, the defacto complainant sustained serious injuries in his right leg and left hand. He would further submit there is no previous case pending as against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.

5. Considering the fact that there is no previous case pending against the petitioner and the voluntary undertaking of the petitioner to give Rs.1.25,000/- directly to the victim for taking treatment and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:

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 VI Metropolitan Magistrate Court, Egmore, Chennai, and on further condition that:

(a) the petitioner shall give Rs.1,25,000/- by way of demand draft to the victim for taking treatment and get due acknowledgement from the victim and produce the same before the learned learned VI Metropolitan Magistrate Court, Egmore, Chennai,, at the time of executing sureties.

(b)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; (c)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 29/09/2021 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 VI METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE,CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, V-5, TIW - THIRUMANGALAM POLICE STATION, CHENNAI - 600 040.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.D.SENTHILKUMAR Advocate on payment of necessary charges SR.NO.10728 CRL OP.17906/2021 Date :29/09/2021 CSK 29/09/2021