Paambu @ Bhagatsingh v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Paambu @ Bhagatsingh ..Petitioner Vs.
State, Rep. by The Inspector of Police, Pallipalayam Police Station, Namakkal District.
(Crime No.199 of 2022) ..Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail, pending investigation of the case in the crime No.199 of 2022 on the file of the respondent. For Petitioner : Mr.M.Vijaya Ragavan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 15.07.2022 for the offences punishable under Sections 147, 1/5
148, 294(b), 323, 324, 392, 506(ii) and 397 of IPC in crime No.199 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that there was a previous enmity in between the de-facto complainant and the petitioner/first accused, due to which, the petitioner along with other accused alleged to have harassed the sister of the de-facto complainant and further it is alleged that the accused have assaulted the de-facto complainant using brick and thereby caused injury and also robbed a sum of Rs.2,000/- from the de-facto complainant. Hence, the complaint.
3. The learned counsel appearing for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 15.07.2022. Hence, he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that there are totally five accused, in which the petitioner is arrayed as A1. He further submitted that the injured victim 2/5
has been discharged from the hospital on 20.07.2022. However, he vehemently opposed to grant bail to the petitioner.
5. Considering the above facts and circumstances of the case, and also considering the fact that the victim discharged from the hospital, this Court is inclined to grant bail to the petitioner. 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 Judicial Magistrate, Kumarapalyam, 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 six 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.
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[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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
02.09.2022 mpl 4/5
G.K.ILANTHIRAIYAN, J.
mpl To 1.The Judicial Magistrate, Kumarapalayam.
2.The Inspector of Police, Pallipalayam Police Station, Namakkal District.
3.Central Prison, Salem.
4.The Public Prosecutor, High Court of Madras Crl.O.P.No.21134 of 2022 02.09.2022 5/5