Ganesan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2022
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Ganesan ... Petitioner Vs.
The State represented by, The Inspector of Police, Ammapet Police Station.
Salem District.
(Crime No.548/2022).
... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with the Crime No.548 of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.T.Muruganantham 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 15.10.2022 for the offences under Sections 294(b), 355, 427, 307 IPC, in Crime No.548 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution as per the de-facto complainant Bharathirja is that due to the dispute on account of the collection of vehicle parking fees in temple, the accused have abused the de-facto complainant in a filthy language and assaulted him with slipper and attempted to attack him with aruval. Hence the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the respondent has registered this case only in order to detain the first accused under Act 14 and pursuant to which, A1 has been detained. He further submit that the petitioner is in custody from 15.10.2022, hence, he prayed to grant bail to the petitioner. 2/6
4. The Government Advocate (Crl.Side) appearing for the respondent police submitted that on account of the dispute regarding collection of vehicle parking fees, the petitioner along with the other accused have abused the de-facto complainant and attempted to murder him with aruval. He further submitted that 2 previous cases are pending as against the petitioner, hence, he vehemently opposed to grant bail to the petitioner.
5. In reply, the learned counsel for the petitioner submitted that the petitioner has been acquitted in both previous cases which are all registered during the year 2016 and thereafter, no case has been registered against him for the past 6 years. He also stated that the petitioner is ready to abide by any stringent conditions that may be imposed by this Court.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
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7. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and taking note of the fact that the petitioner has been acquitted in previous cases and also considering period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
8. 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.5, Salem 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;
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[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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
25.11.2022 ham To
1. The Judicial Magistrate No.5, Salem.
2. The Inspector of Police, Ammapet Police Station, Salem District.
3. The Central Prison, Salem.
4. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA.,J.
ham 25.11.2022 6/6