N.Raman @ Venkatesh v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :26.07.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN N.Raman (a) Venkatesh ..Petitioner Vs.
State Rep by its, The Inspector of Police, Mayiladuthurai Police Station - 609 001.
Crime No.441 of 2023 ...Respondent. PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.441 of 2023 on the file of the respondent police.
For Petitioner : M/s.D.Baskar For Respondent : Mr. S. Rajakumar Additional Public Prosecutor 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 18.06.2023 for the offence punishable under Sections 294(b), 307 of IPC and section 3 Explosive Substances Act in Crime No.441 of 2023 on the file of the respondent police seeks bail.
2. The learned counsel for the petitioner submitted that, petitioner is an accused in Crime No.441 of 2023 registered for the offences under Sections 294(b), 307 of IPC and section 3 Explosive Substances Act. Petitioner is in Judicial Custody from 18.06.2023. He further submitted that, co-accused in this case granted anticipatory bail by this Court in Crl.O.P.No.14797 of 2023.Thus, he seeks for bail.
3. In response, learned Government Advocate (Crl. Side) submitted that, there is a previous enmity between the first accused and the family members of one Naveen Kumar in connection with the motor accident involving Ajith Kumar and Naveen Kumar, wherein Naveen Kumar died in the accident. Defacto complainant supported the family of Naveen Kumar when they visited Ajith Kumar's family to seek 2/6
explanation for the accident. The first accused, did not like the defacto complainant supporting the family of Naveen Kumar, on 18.06.2023, petitioner along with other accused, came to the house of the defacto complainant and scolded him in filthy language and Ajith Kumar threw, after setting fire to the bottles filed with petrol, on the house of the defacto complainant. Thus, he prayed for dismissal of this petition.
4. Considering the fact that no one got injured in the in the incident and co-accused had been granted anticipatory bail by this Court and the petitioner is in Judicial Custody from 18.06.2023 and that material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner.
5. Accordingly, the petitioner is ordered to be released on bail on his executing 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 Judicial Magistrate -I, Mayiladuthurai and on further conditions that :- 3/6
[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 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]. 4/6
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 26.07.2023 Sma To
1. Judicial Magistrate No.I, Mayiladuthurai 2.The Inspector of Police, Mayiladuthurai Police Station - 609 001.
3. Sub Jail, Mayiladuthurai.
4.The Public Prosecutor, High Court of Madras 5/6
G.CHANDRASEKHARAN. J.
Sma Crl.O.P.No.15936 of 2023 26.07.2023 6/6