S.Anbarasan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2022

CORAM

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

The State represented by, The Inspector of Police, Auroville Police Station, Villupuram District.

(Crime No.205/2022).

... Respondent PRAYER: Criminal Original Petitions filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with the Crime No.205 of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.D.Raghu 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 27.09.2022, for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307, 506 (ii), 397 IPC, in Crime No.205 of 2022, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on account of the previous enmity in respect of the murder of one Manthoppu Sundar, the accused, who are the relatives of the said Manthoppu Sundar, as a retaliation, abused the de-facto complainant in a filthy language and assaulted him with sticks, causing grievous injuries and also taken away the mobile phone from him. 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 earlier the relative of the other accused was murdered by the de-facto complainant's men, due to which, there was a quarrel and at the heat of the passion, the incident had happened. He also 2/6

submitted that no weapons has been used in this incident and the injured has been discharged from the hospital. He also stated that the co-accused in this case has been granted by this Court in Crl.O.P.No.25767 of 2022 vide order dated 20.10.2022 and the petitioner is in custody from 27.09.2022. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioner is arrayed as A4 in this Case and due to the previous enmity and as a retaliation, the accused had assaulted the defacto complainant with sticks, causing grievous injuries. He also submitted that the co-accused in this case has been granted bail by this Court in Crl.O.P.No.25767 of 2022. He also stated that the injured has been discharged from the hospital, however, he opposed to grant bail to the petitioner.

5. 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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6. 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 co-accused has been granted bail by this Court and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

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, Vanur, 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.

30.11.2022 ham To

1. The Judicial Magistrate, Vanur.

2. The Inspector of Police, Auroville Police Station, Villupuram District.

3. The Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 30.11.2022 6/6