Lokesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Lokesh ...Petitioner Vs.

The State Rep by Inspector of Police, Arakkonam Town Police Station, Ranipet District.

(Crime No.367 of 2023) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with the case in Crime No.367 of 2023 pending investigation on the file of the respondent Police.

For Petitioner : Mr.A.Bhuvaneswaran For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 29.07.2023 for the offences punishable under Sections 294(b), 324, 307 and 506(ii) of IPC in Crime No.367 of 2023 on the file of the respondent police, seeks bail.

2. Learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in a case registered in Crime No.367 of 2023 for the offences punishable under Sections 294(b), 324, 307 and 506(ii) of IPC. Thus, he seeks bail to the petitioner.

3. Learned Additional Public Prosecutor submitted that, on 29.07.2023 at about 09.00.p.m., defacto complainant along with his friend Monish were travelling through Arakkonam to Tiruthani Road. When they reached Sri Krishna Polytechnic College, Monish received a phone call. Therefore, defacto complainant stopped the vehicle and Monish was speaking in the phone at a distance. At about 10.30.p.m., one Puttamani @ Manikandan, Jayakrishnan, Santhosh and Lokesh had come in a two-wheeler and asked the defacto complainant to pay money 2/6

for consuming liquor. When defacto complainant stated that, he had no money, they asked his cell phone. When defacto complainant replied that, he had no cell phone, accused Putamani @ Manikandan had scolded the defacto complainant in filthy language and took a knife and assaulted on his head. Jayakrishnan attacked the defacto complainant using iron rod. Lokesh and Santhosh had also joined them in hitting the defacto complainant using iron rod. They made death threat and left the place. As a result, defacto complainant suffered injuries. He was treated in the hospital and discharged.

4. Considering the nature of injuries alleged in the FIR and the fact that, injured has been discharged from the hospital and the petitioner is in Judicial Custody from 29.07.2023 and that material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction 3/6

of the learned Judicial Magistrate, Arakkonam at Ranipet 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 10.00.a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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]. 4/6

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

20.09.2023 Sma To

1. Judicial Magistrate, Arakkonam Ranipet District.

2.Inspector of Police, Arakkonam Town Police Station, Ranipet District.

3.Central Prison II, Puzhal.

4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN.

J.

Sma 20.09.2023 6/6