Hariharan @ Chandru v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.18520 of 2021 Hariharan @ Chandru ... Petitioner Vs.
State Rep by its Inspector of Police, Podanur Police Station, (Crime No.741 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.741 of 2021 on the file of the respondent police.
For Petitioner : Mr.S. Dinesh Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested on 07.07.2021 and remanded to judicial custody for the offences under Sections 294(b), 324, 307 and 506(ii) of IPC in Crime No.741 of 2021 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that due to previous enmity the petitioner along with other accused persons said to have attacked the victim and caused serious injuries to the victim. Based on the complaint given by the wife of the victim,the Law Enforcing Agency registered a case against the petitioner and other accused persons.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences in order to wreak vengeance he has been falsely implicated in this case. He further submits that the petitioner has been jail from 07.07.2021. He further submits this Court Hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the injured discharged from the hospital. However, the learned Government Advocate opposed for grant of bail to the petitioner.
5. Considering the submissions made by the petitioner and the injured discharged from the hospital 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 Principal District and Sessions Judge at Coimbatore Court 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 petitioner shall report before the respondent police daily at 10:30 a.m until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner 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 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 04/10/2021 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE AT COIMBATORE COURT.
2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
3 THE INSPECTOR OF POLICE, PODANUR POLICE STATION, COIMBATORE.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.DINESH KUMAR Advocate on payment of necessary charges CRL OP.18520/2021 Date :04/10/2021 RW 05/10/2021