B.Panner Selvam v. The Inspector Of Police, (Crime)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23654 of 2021 B.Pannerselvam ... Petitioner Vs.
The Inspector of Police (Crime) K2, Ayanavaram Police Station, Chennai.
(Crime No.668 of 2021)
...Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in connection with the Crime No.668 of 2021 pending on the file of the respondent police. For Petitioner : Mr.L.Thiyagaiya For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
The petitioner who was arrested and remanded to judicial custody on 22.11.2021 for the offences under Sections 341, 323, 397, 294(b), 506(ii) of IPC, in Crime No.668 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant, as a result of which, the petitioner along with other accused persons had abused the defacto complainant in filthy language and attacked him and also taken Rs.2,500/ from him at knife point. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that the petitioner has been in jail from 22.11.2021. Hence, he prays for grant bail to the petitioner.
4. The learned Government Advocate appearing for the respondent submitted that there are four accused persons involved in this case and the petitioner is arrayed as A1. He further submitted that the investigation is almost completed and the stolen property has been recovered, but, he vehemently opposed for grant of bail to the petitioner.
5. Considering the period of incarceration suffered by the petitioner and the investigation is almost completed, 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, for a like sum to the satisfaction of the learned V Metropolitan Magistrate Court, Egmore, 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 05.30 p.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/- 08/12/2021 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 METROPOLITAN MAGISTRATE, NO.V, EGMORE, CHENNAI.
2 THE CHIEF JUDICIAL MAGISTRATE EGMORE, CHENNAI. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL JAIL, PUZHAL.
4 THE INSPECTOR OF POLICE, (CRIME), K2, AYANAVARAM POLICE STATION, CHENNAI.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.L.THIYAGAIYA Advocate on payment of necessary charges SR.NO.14249 CRL OP.23654/2021 Date :08/12/2021 RW 10/12/2021