Veeramani @ Mani v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21673 of 2021 Veeramani @ Mani ... petitioner/A3 Vs.
The State, Rep. by
...Respondent
The Inspector of Police, M-4, Redhills Police Station, Redhills, Thiruvallur District.
Crime No.1772 of 2021.
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in respect of Crime No.1772 of 2021 on the file of the respondent police. For petitioner : Mr.M.Velmurugan 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 09.09.2021 for the offences under Sections 147, 148, 341, 324, 307, 506(ii) of IPC r/w. 120(B) of IPC, in Crime No.1772 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 had attacked the de facto complainant with deadly weapons. Hence the complaint.
3. The learned Counsel for the petitioner submitted that the petitioner has been falsely implicated in this case and he is no way connected with the alleged offence. He would further submit that coaccused have been granted bail by this Court in Crl.O.P.No.19873 of 2021 dated 26.10.2021 and the petitioner has been been suffering incarceration for more than 65 days from 09.09.2021. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate raised objection stating that the petitioner is arrayed as A3 and he is having one previous case and that the investigation is completed.
5. Considering the fact that the investigation is completed and co-accused have been released on bail and also considering the period of incarceration undergone 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-II, Ponneri, 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 every Friday at 10.30 a.m. until further orders.
(c)the petitioner shall not tamper with evidence or witness during trial;
(d)the petitioner shall not abscond during 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/- 18/11/2021 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, PONNERI, THIRUVALLUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, M-4, REDHILLS POLICE STATION, REDHILLS, THIRUVALLUR DISTRICT.
5 THE OFFICER INCHARGE CENTRAL SUB JAIL, PONNERI.
+1 CC to M/S.M.VELMURUGAN Advocate on payment of necessary charges SR.NO.12971 CRL OP.21673/2021 Date :18/11/2021 TA-18/11/2021