Madras High CourtCRL OP/19340/2021granted

Thangavel v. The State Rep By

2021-10-12Honourable Mr Justice Sathi Kumar Sukumara Kurup3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.10.2021

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.19340 of 2021

1. Thangavel ... Petitioners

2. Prasath Vs.

The State Rep by ... Respondent The Sub-Inspector of Police, Kunnam Police Station, Perambalur District.

(Crime No.723 of 2021) 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.723 of 2021 on the file of the respondent police.

For Petitioners : Mr.V.Illanchezian For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)

ORDER

The first petitioner was arrested and remanded to judicial custody on 16.09.2021 and the second petitioner was surrendered on 23.09.2021 for the offences under Sections 294(b), 307, 324 and 506 (ii) of IPC, in Crime No.723 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that there was a civil dispute between the petitioners and the defacto complainant, as a result of which, the petitioners along with other accused persons had attacked the defacto complainant and caused injuries. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case. He further submitted that the injured person has been discharged from the hospital. He also further submitted that the petitioners have been in jail from 16.09.2021 and 23.09.2021 respectively.. Therefore, he prays to grant 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 and there is no previous case pending against the petitioners. Hence, he vehemently opposed for grant of bail to the petitioners.

5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and also considering the period of incarceration suffered by the petitioners and there is no previous case pending against 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 No.II, Perambalur, and on further condition that:

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judicial Magistrate No.II, Perambalur may obtain a copy of their Aadhar card or voter identity card or driving license or PAN card or Bank pass Book with photo affixed and attested by Bank Manager to ensure their identity; (b) the petitioners shall co-operate with the pending investigation and shall stay at Madurai and report before the Inspector of Police, Jaihindpuram Police Station, daily at 10.00 a.m., until further orders and the petitioners shall not enter into the jurisdiction of the respondent police.

(c) the petitioners shall not influence, threaten or coerce the 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/- 12/10/2021 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, NO.II, PERAMBALUR.

2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, KUNNAM POLICE STATION, PERAMBALUR DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

6 THE INSPECTOR OF POLICE JAIHINDPURAM POLICE STATION, MADURAI.

+1 CC to M/S.V.ILLANCHEZIAN Advocate on payment of necessary charges SR.NO.11387 CRL OP.19340/2021 Date :12/10/2021 TA-13/10/2021