K.Senthil Prabhu v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.20557 of 2021
1. K.Senthil Prabu
2. S.Kumar ... Petitioners Vs.
State represented by its Inspector of Police, Anupparpalayam Police Station, Tiruppur City.
(Crime No.3804 of 2021) ... Respondent 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.3804 of 2021 on the file of the respondent police.
For Petitioners : Mr.H.Manivannan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The first petitioner was arrested on 11.10.2021 and the second petitioner was arrested on 12.10.2021 and remanded to judicial custody for the offences under Sections 341, 294(b), 323 and 364(A) IPC @ Sections 341, 294(b), 323, 364(A) and 307 IPC in Crime No.3804 of 2021 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners along with other accused persons had waylaid the defacto complainant and his father and abused them and also kidnapped the father of the defacto complainant and also taken the defacto complainant's motorcycle key. 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.Therefore, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the victim has been secured and there is no previous case pending against the petitioners. However, he vehemently opposed for grant of bail to the petitioners.
5. Considering the period of incarceration suffered by the petitioners and the victim has been secured 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.III, Tiruppur, 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 petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders; (c) the petitioners shall not tamper with evidence or 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/- 01/11/2021 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.III, TIRUPPUR.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ANUPPARPALAYAM POLICE STATION, TIRUPPUR CITY.
4 THE OFFICER INCHARGE, DISTRICT JAIL, TIRUPPUR.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.H.MANIVANNAN Advocate on payment of necessary charges CRL OP.20557/2021 Date :01/11/2021 JPA 02/11/2021