Prasanth @ Prasanth Kumar v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Prasanth @ Prasanthkumar ... Petitioner Vs.

State represented by, The Inspector of Police, V-5, Thirumangalam Police Station, Chennai.

(Crime No. 339 of 2024).

... Respondent PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S., pleased to enlarge the petitioner on bail, in Crime No.339 of 2024 on the file of the respondent Police.

For Petitioner : Mr.S.Senthilvel For Respondent : Mr.S.Vinothkumar Government Advocate (Crl.Side)

O R D E R

The Petitioner, who was arrested and remanded to judicial custody on 15.06.2024, for the alleged offences punishable under Sections 341, 294(b), 307 of IPC @ 120(b), 147, 148, 341, 294(b) and 307 of IPC, in 1/6

Crime No.339 of 2024, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 14.06.2024, due to previous enmity, this petitioner along with other accused brutally attacked the defacto complainant's husband with deadly weapons and caused multiple cut injuries all over his body, and he was admitted to the hospital. Hence, the complaint.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and due to previous enmity he has been falsely implicated in this case. He has not committed any offence as alleged in the FIR. He further submit that the petitioner was arrested and is in judicial custody from 15.06.2024 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that on the date of the alleged occurrence, due to previous enmity, this petitioner along with other accused brutally attacked the defacto complainant's husband with deadly weapons and caused multiple cut 2/6

injuries all over his body, and he was admitted to the hospital. He further submits that the injured is still in coma stage. He further submits that the petitioner has 12 previous cases, out of which, 11 case have been disposed of. He further submits that investigation was completed and the final report was also filed. Hence, he opposed to grant bail to the petitioner.

5. Heard both sides and perused the materials available on record including the First Information Report.

6. Considering the nature of offence, and though the petitioner has 12 previous cases, out of which 11 cases have been disposed of, and one case alone is pending, in which, he has been already granted bail, investigation was completed and the final report was also filed, considering the period of incarceration undergone by the petitioner from 15.06.2024, and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions.

7.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) 3/6

with two sureties, each for a like sum to the satisfaction of the learned XIII Metropolitan Magistrate, Egmore, Chennai, and on further conditions that:- [a] the petitioner shall report before the concerned Jurisdictional Magistrate, on all working days at 10.30 a.m., until further orders. [b] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected;

[c] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

[d] the Petitioner shall not abscond either during investigation or trial;

[e] On breach of any of the aforesaid conditions, the learned Judicial 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 4/6

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 269 B.N.S.

29.10.2024 drl To 1.The XIII Metropolitan Magistrate, Egmore, Chennai.

2.The Inspector of Police, V-5, Thirumangalam Police Station, Chennai.

3.The Superintendent, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

5/6

P.DHANABAL, J.

drl 29.10.2024 6/6