K.Ashok v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22568 of 2021 K.Ashok
...Petitioner
Vs.
State rep. By
...Respondent
The Sub Inspector of Police Manalurpet Kallakurichi District-605754.
(Crime No.579 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.579 of 2021 pending on the file of the respondent police. For Petitioner : M/s.G.Shankardevi 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 23.10.2021 for the offence under Sections 294(b), 324, 307 of IPC, in Crime No.579 of 2021, on the file of the respondent police seeks bail.
2. The case of the prosecution is that on 23.10.2021 at about 2 p.m., there was a quarrel between the petitioner and the defacto complainant's son during which, the petitioner attacked the defacto complainant's son and caused him grievous injuries. Hence, the complaint.
3. The learned Counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this and that the petitioner has been been suffering incarceration for more than 35 days from 23.10.2021. Hence, he seeks for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) raised objection but admits that the injured has been discharged from the hospital and the investigation is almost completed.
5. Considering the fact that the injured has been discharged from the hospital and the investigation is almost completed 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, Thirukovilur, 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 on every Wednesday 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/- 29/11/2021 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, THIRUKOVILUR, VILLUPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, MANALURPET, KALLAKURICHI DISTRICT-605 754.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.
+1 CC to M/S.G.SHANKARDEVI Advocate on payment of necessary charges SR.NO.13603 CRL OP.22568/2021 Date :29/11/2021 TA-30/11/2021