Sathish @ Soso Siranjivi v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.20953 of 2021 Sathish @ Soso Siranjivi .. Petitioner / Accused-4 Vs.
State rep. by The Inspector of Police Tiruppur North Police Station Tiruppur District (Cr.No.557 of 2021)
...Respondent / Complainant
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.557 of 2021 on the file of the respondent. For Petitioner : Mr.G.Nirmal Krishnan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 03.09.2021 for the offences under Sections 294(b), 323, 307 and 506(ii) of IPC, in Crime No.557 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that due to wordy quarrel, the petitioner along with other accused, assaulted the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 65 days from 03.09.2021. Hence he prays for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor raised objection stating that the petitioner is a henchman and having one previous case against him. However he would submit that the injured has been discharged from the hospital.
5. Considering the fact that the injured has been discharged from the hospital and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
6. 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-I, Tiruppur District, 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 petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 08/11/2021 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-I, TIRUPPUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, TIRUPPUR DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, TIRUPPUR NORTH POLICE STATION, TIRUPPUR DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
5 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
CC to M/S.G.NIRMAL KRISHNAN Advocate on payment of necessary charges CRL OP.20953/2021 Date :08/11/2021 INBA-08/11/2021