Madras High CourtCRL OP/21107/2021granted

Mohan Prasanth v. State Rep By

2021-11-10Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21107 of 2021 Mohan Prasanth ... Petitioner Vs.

State Rep.by its The Inspector of Police, M-4, Thudiyalur Police Station, Coimbatore District.

(Crime No.1465 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to release the petitioner on bail in Crime No.1465 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 22.10.2021 for the offences under Sections 147, 148, 294(b), 307 and 506(ii) of IPC, in Crime No.1465 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons assaulted the victim/defacto complainant by using Patta Kathi and threatened him with dire consequences and also caused injuries to him. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the co-accused were already enlarged on bail by the Principal District Sessions Judge, Coimbatore in Crl.MP.Nos.4518

and 4521 of 2021. He further submits that the petitioner has been suffering incarceration for more than 20 days from 22.10.2021. Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate raised objection stating that the petitioner who is arrayed as A5 is also involved in the assault made on the defacto complainant and others. He further submits that previous cases are pending against A2 and three previous cases are pending against A3 and they were enlarged on bail by the Principal District Sessions Judge, Coimbatore in Crl.MP.Nos.4518 and 4521 of 2021. He further submits that there is no previous case as against the petitioner and the victim girl has been discharged from the hospital.

5. Considering the period of incarceration suffered by the petitioner and also considering the fact that the defacto complainant/victim has been discharged from the hospital and there is no previous case against 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-II, Coimbatore, 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/- 10/11/2021 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.II, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION].

3 THE PRINCIPAL DISTRICT SESSIONS JUDGE, COIMBATORE 4 THE INSPECTOR OF POLICE M-4 THUDIYALUR POLICE STATION, COIMBATORE DISTRICT 5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.12572 CRL OP.21107/2021 Date :10/11/2021 JPA 10/11/2021