Chinnarasu v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.18549 of 2021
1. Chinnarasu
2. Rajesh
3. Rajasekar
...Petitioners
Vs.
The State Represented by, The Inspector of Police, Santhavasal Police Station, Thiruvannamalai District (Crime No.758 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioners on bail pending investigation in Crime No.758 of 2021 on the file of the respondent. For Petitioners: Mr.G.Saravanan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioners. who were arrested and remanded to judicial custody on 12.09.2021 for the offences punishable under Sections 294 (b), 323, 324 & 506(ii) of IPC, altered into 294(b), 323, 324, 506(ii) and 307 of IPC, in Crime No.758 of 2021, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners along with other accused persons had attacked the defacto complainant with beer bottle and caused injuries. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the petitioners are not involved in the offence and they have been falsely implicated. He further submitted that the petitioners have been in jail from 12.09.2021. Hence he prays for grant of bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the injured person has been discharged from the hospital. He further submitted that there is one previous case pending against A1 and A3 and there is no previous case pending against A2. Hence, he vehemently opposed for grant of bail to the petitioners.
5. Considering the fact that the injured person has been discharged from the hospital and also considering the period of incarceration suffered by the petitioners, 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, Polur, Thiruvannamalai District, 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/- 05/10/2021 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, POLUR, THIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE, VELLORE DISTRICT.
5 THE INSPECTOR OF POLICE, SANTHAVASAL POLICE STATION, THIRUVANNAMALAI DISTRICT.
+1 CC to M/S. G.SARAVANAN Advocate on payment of necessary charges SR.NO.11011 CRL OP.18549/2021 Date :05/10/2021 RW 05/10/2021