Arul v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.12.2020 CORAM :

THE HON'BLE Mr. JUSTICE V.SIVAGNANAM Crl.O.P.No.19469 of 2020 Arul ... Petitioner - Vs. - The State rep. By ... Respondent The Sub Inspector of Police, Tirupattur Town Police Station, Tirupattur District.

(Crime No.1464 of 2020).

Prayer: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code, to enlarge the petitioner on bail in connection with the Crime No.1464 of 2020 pending investigation on the file of the respondent.

For Petitioner : Mr.C.Mohanraj For Respondent : Mr.K.Madhan Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 04.10.2020 for the offences punishable under Sections 294 (b) and 307 of the Indian Penal Code, 1860, in Crime No.1464 of 2020 on the file of the respondent police, seek bail. 2.The case of the prosecution is that the petitioner waylaid the defacto complainant with knife and demanded to give money. On refusing the same, the petitioner attacked the defacto complainant. The defacto complainant sustained injuries on his little finger. Hence, a complaint has been registered against the petitioner.

3. the learned counsel for the petitioner would submit that the petitioner was remanded to judicial custody and he was in custody fro the past 86 days. He is an innocent and he is no way connected with the offences and he has been falsely implicated in this case. Hence, the learned counsel prays to grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner demanded money from the defacto complainant and when the defacto complainant refused to give, the petitioner attacked him with knife. The learned Government Advocate would further submit that there are seven previous cases pending against the petitioner. 5.Heard the learned Counsel on either side. Perused F.I.R. and other materials placed on record.

6.Overall consideration of the facts, the nature of accusation, the nature of offences, the materials in support of the accusation and the circumstances of the case and the period of detention of the petitioner in the judicial custody, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Thirupathur, and on further conditions that: (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner on his release from prison shall report before the respondent police everyday at 10.30 a.m. until further orders.

(d) the petitioner shall not commit any offences of similar nature;

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

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial; (g) on breach of any of the aforesaid conditions, the learned Judicial 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];

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

7.With the above directions, this Criminal Original Petition is ordered.

-sd/- 30/12/2020 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.I, THIRUPATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, TIRUPATTUR TOWN POLICE STATION, TIRUPATTUR DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

CC to M/S.S.PAULGNANAMUTHU Advocate on payment of necessary charges CRL OP.19469/2020 Date :30/12/2020 MN-31/12/2020