P.Praveen Kumar v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Praveen Kumar
...Petitioner
Vs.
State represented by The Inspector of Police, K-1, Sembium Police Station, Chennai.
(Crime No.524 of 2022) ..Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with the case in Crime No.524 of 2022 on the file of the respondent police. For Petitioner :Mr.J.Ramkumar For Respondent :Mr.S.Santhosh, Government Advocate (Crl.Side) 1/6
ORDER
The petitioner, who was arrested and remanded to judicial custody on 04.08.2022 for the offences punishable under Sections 341, 294(b), 324, 307 and 506(ii) IPC in crime No.524 of 2022 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 attacked the victim using knife, due to which, the victim sustained grievous injuries on his head and was admitted in the hospital. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks for bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that the injured has been discharged from the hospital. However, he opposed for grant of bail to the petitioner.
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5. Considering the above fact that the injured has been discharged from the hospital and also the period of incarceration by the petitioner from the date of their arrest i.e., 04.08.2022, this Court is inclined to grant bail to the petitioner.
7. 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 V Metropolitan Magistrate, Egmore, Chennai and on further conditions 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 twice daily at 10.30 a.m. and 5.30 p.m., for a period of four weeks and thereafter as and when required for interrogation. [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 3/6
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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
09.09.2022 Anu 4/6
To
1. The V Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police, K-1, Sembium Police Station, Chennai.
3. The Superintendent, Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras 5/6
G.K.ILANTHIRAIYAN, J.
Anu Crl.O.P.No.21727 of 2022 09.09.2022 6/6