Babu v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Babu ... Petitioner Vs.

The State represented by, The Inspector of Police, Fairlands Police Station, Salem District.

(Crime No.742/2022).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with Crime No.742 of 2022 on the file of the respondent Police.

For Petitioner :

Mr.P.Ezhil Nilavan For Respondent :

Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 04.11.2022, for the offences punishable under Sections 147, 148, 294(b), 323, 324, 364 A and 506(ii) IPC, on the file of the respondent Police, seeks bail.

2. The case of the prosecution as per the de-facto complainant is that the de-facto complainant, who he is working as a Reporter in Human Rights Today, along with his friend's son had gone out in his car and while they were getting out of the car, some unknown persons along with one Prabha abused them and by assaulting them with iron rod and plastic pipe, abducted them in a car. While so the de-facto complainant had escaped from them by jumping out from the car and preferred the complaint. Hence the case.

3. The learned counsel appearing for the petitioner submitted that the petitioner(A2) is an innocent person and he has been falsely implicated in this case, since he happens to be the friend of one Ekambaram. He further submitted that due to some financial dispute, a case in Crime No.744 of 2022 2/6

was registered against one Boopathy and Periyasamy, who are the friends of the de-facto complainant and only as a counter blast, the present complaint has been given against the petitioner and others. He further submitted that the petitioner is in custody from 04.11.2022 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. The Government Advocate (Crl.Side) appearing for the respondent police submitted that on account of the financial dispute the main accused along with his henchmen had abducted the de-facto complainant and another in a car and assaulted them, meanwhile, the de-facto complainant has escaped from them and had given this present complaint. He further submitted that the investigation is pending and he opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.

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6. Taking into consideration the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 of the learned Judicial Magistrate No.V, Salem 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, everyday at 10.30 a.m. and 5.30p.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 4/6

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];

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

23.11.2022 ham To

1. The Judicial Magistrate No.V, Salem District.

2. The Inspector of Police, Fairlands Police Station, Salem District.

3. The Central Prison, Salem District.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 23.11.2022 6/6