Kosa @ Manikandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24784 of 2021 Kosa @ Manikandan ... Petitioner Vs.

State by Inspector of Police Velur Police Station Namakkal District.

(Crime No.755 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.755 of 2021 on the file of the Inspector of Police, Velur Police Station, Namakkal District.

For Petitioner : Mr.M.R.Jothimanian 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 21.11.2021 for the offences under Sections 294(b) and 307 of IPC, in Crime No.755 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 20.11.2021 at about 10 p.m, the de facto complainant along with his friends was consuming liquor at a Bar and with regard to changing the T.V. Channel, there was a quarrel between the petitioner and the de facto complainant during which, the petitioner broke the glass jar and hit against the head of the de facto complainant due to which, he sustained injuries and admitted in the hospital with the help of his friends. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and the petitioner has not committed any offence as alleged by the prosecution and now the injured has been discharged from the hospital. He would further submit that the petitioner has been suffering incarceration for more than 20 days from 21.11.2021 and hence, he would pray for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) would raise objection stating that the petitioner assaulted the de facto complainant by using broken glass jar but admits that the injured has been discharged from the hospital and that the investigation is almost completed.

5. Considering the facts and circumstances of the case and 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, Paramathi, Namakkal District, 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 daily 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/- 17/12/2021 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, PARAMATHI, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, NAMAKKAL [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE INSPECTOR OF POLICE, VELUR POLICE STATION, NAMAKKAL DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.M.R.JOTHIMANIAN Advocate on payment of necessary charges SR.NO.14978 CRL OP.24784/2021 Date :17/12/2021 MK:17/12/2021