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Madras High CourtCRL OP/24184/2021granted

Madhan @ Madhan Kumar v. State By

2021-12-13Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24184 of 2021 Madhan @ Madhan Kumar

...Petitioner

Vs.

State by The Inspector of Police T-15 SRMC Police Station Thiruvallur District Crime No.823 if 2021

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.823 of 2021 on the file of the respondent Police. For Petitioner : Mr.K.Bommuraj For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

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 offence under Sections 341, 294(b), 363, 307 and 506(ii) of IPC, in Crime No.823 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 14.09.2021, the petitioner and other accused persons waylaid the defacto complainant and abused him with filthy language and assaulted him with knife and due to which the defacto complainant sustained grievous injuries in his wrist and forehead. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He would further submit that this is the second application for bail and the earlier application

was dismissed by this Court by order dated 30.11.2021 on the ground that the petitioner has got three previous cases and that A2 has been granted bail by the Sessions Court. He would submit that the petitioner has been suffering incarceration for about 50 days from 22.10.2021 and hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioner/A4 is having three previous cases 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 directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.823 of 2021 and on such deposit, 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, Poonamallee, 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 Tuesday and Sunday at 10.30 a.m. until further orders. (c) the defacto complainant is permitted to withdraw the said deposit amount of Rs.10,000/- (Rupees Ten Thousand Only) on proper identification and acknowledgment.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner 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 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;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 13/12/2021 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 JUDICIAL MAGISTRATE, POONAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL, CHENNAI.

4 THE INSPECTOR OF POLICE, T-15 SRMC POLICE STATION, TIRUVALLUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. K. BOMMURAJ Advocate on payment of necessary charges SR.NO.14549 CRL OP.24184/2021 Date :13/12/2021 RW 14/12/2021