Jayaprakash v. State Rep By
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.19365 of 2021
1. Jayaprakash
2. Jayaprabhu ... Petitioners Vs.
The State Rep by ... Respondent The Inspector of Police, Keelaiyur Police Station, Nagapattinam.
(Crime No.556 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.556 of 2021 on the file of the respondent police.
For Petitioners: Mr.M.K.Subramanian For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)
ORDER
The petitioners, who were arrested and remanded to judicial custody on 27.09.2021 for the offences under Sections 427 and 307 of IPC, in Crime No.556 of 2021 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners have beaten the parents of the defacto complainant and hence a panchayat was conducted in the house of paternal uncle of the defacto complainant but the said panchayat at ended in quarrel. On 26.09.2021 at about 19.00 hours, when the defacto complainant was going in a two wheeler along with pillion riders, the petitioners have dashed against the defacto complainant two wheeler with their four wheeler with an intention to murder the defacto complainant and have fled away. 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 27.09.2021. Therefore, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that no one was sustained injuries 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 no one was sustained injuries 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, Nagapattinam, 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, Nagapattinam 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 Trichy and report before the Inspector of Police, Rockport 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, NAGAPATTINAM 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KEELAIYUR POLICE STATION, NAGAPATTINAM 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE OFFICER INCHARGE DISTRICT PRISON, NAGAPATTINAM 6 THE INSPECTOR OF POLICE, ROCKPORT POLICE STATION, TRICHY +1 CC to M/S.M.K.SUBRAMANIAN Advocate on payment of necessary charges SR.No.11393 CRL OP.19365/2021 Date :12/10/2021 APN 13/10/2021