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Madras High CourtCRL OP/24114/2021granted

Ranjithkumar v. State Rep 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.24114 of 2021 Ranjithkumar

...Petitioner

Vs.

The State Rep. by THE INSPECTOR OF POLICE, Venganur Police Station, Ariyalur District.

Crime No.219 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 Crime No.219 of 2021 on the file of the respondent Police. For petitioner : Mr.S.Senthil 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 07.11.2021 for the offence under Sections 294(b), 324, 506(ii) of IPC r/w. 307 IPC in Crime No.219 of 2021, on the file of the respondent police seeks bail.

2. The case of the prosecution is that on 04.11.2021 at about 6.30 p.m, due to civil dispute, the petitioner abused the de facto complainant and two others with filthy language and also assaulted them with knife in their heads and threatened them with the dire consequences. 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 would further submit that the petitioner is the close relative to the defacto complainant and due to previous enmity, he has been falsely implicated in this case and he has been in judicial custody for more than 35 days from 07.11.2021. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) raised objection stating that the petitioner is the sole accused and during the occurrence, three persons sustained injuries but admits now the injured have been discharged from the hospital.

5. Considering the that the injured have 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.12,000/- (Rupees Twelve Thousand Only) to the credit of Crime No.219 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-II, Ariyalur, 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 Sunday at 10.30 a.m. until further orders. (c) the three injured persons are permitted to withdraw the said deposit amount of Rs.12,000/- (Rs.4,000/- each) 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, NO.II, ARIYALUR 2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, VENGANUR POLICE STATION, ARIYALUR DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPALLI 5 THE INSPECTOR OF POLICE, VENGANUR POLICE STATION, ARIYALUR DISTRICT.

CC to Mr.S.Senthil Advocate on payment of necessary charges Sr.14629 CRL OP.24114/2021 Date :13/12/2021 RVR 13/12/2021