Moorthi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22245 of 2021 1.Moorthi ... Petitioners 2.Kandasamy 3.Sanmugam Vs.
The State by ... Respondent The Inspector of Police Attaiyampatty Police Station Salem District.
Crime No: 518 of 2021 PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.518 of 2021 on the file of the Inspector of Police, Attaiyampatty Police Station, Salem District.
For Petitioners: Mr.K.Balu For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
(The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 04.11.2021 for the offence under Section 3(1) of TNPPDL Act, in Crime No.518 of 2021, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the on 04.11.2021, around 3.15 p.m., while the defacto complainant who is the driver of the TNSTC bus was driving the bus on Rasipuram Road and while the bus was reaching near Kandarkula Manickam bus stop, the petitioners stopped the bus and pelted stones on the bus and caused damage to the front side mirror of the bus. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and that they have been suffering incarceration for more than 15 days from 04.11.2021. He would further submit that the petitioners without prejudice to their rights and contention are ready to pay a substantial amount to any charitable institute as may be directed by this Court and he would pray for grant of bail to the petitioners.
4. The learned Government Advocate raised objection stating that the accused persons have caused damage to the Government bus by pelting stones.
5.In order to curb the illegal activities and considering the submission made by the learned counsel for the petitioners, this Court is of the opinion that the petitioners shall be directed to make a non refundable deposit of Rs.5,000/- (Rupees Five Thousand Only) each, to the credit of the Registered Advocates Clerks Association, Salem, without prejudice to their rights and contentions. The amount so deposited shall be utilised by the Association for the welfare of the Advocates. 6.It is made clear that the deposit of the amount by the petitioners to the said Association would not amount to admission of guilt. The trial Court shall deal with the case independently on merits without reference to the amount deposited at the stage of bail.
7. Considering the period of incarceration undergone by the petitioners and the investigation is almost completed, this Court is inclined to grant bail to the petitioners with certain conditions.
8. Accordingly, the petitioners are ordered to be released on bail on their executing separate bonds 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-4, Salem, Salem District, and on further condition that:
(a) the petitioners shall make non-refundable deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) each through demand draft to the Registered Advocates Clerks Association, Salem, without prejudice to their defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;
(b)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; (c) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;
(e)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 24/11/2021 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.4, SALEM, SALEM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ATTAIYAMPATTY POLICE STATION, SALEM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM 6 THE REGISTERED ADVOCATES CLERKS ASSOCIATION, SALEM CC to M/S. K.BALU Advocate on payment of necessary charges CRL OP.22245/2021 Date :24/11/2021 APN 25/11/2021