Aravind v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Aravind ... Petitioner/Accused No.7 Vs State Rep. by The Inspector of Police, Musiri Police Station, Musiri, Trichy District.

(Crime No.150 of 2021).

... Respondent/Complainant For Petitioner : Mr.Arunraj.K., Advocate.

For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.150 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A7, who was arrested on 30.03.2021 for the offences under Sections 147, 148, 294(b), 323, 324, 336 and 307 of IPC in Cr.No.150 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that when the temple festival held on 28.03.2021 at about 07.30 p.m, at that time, there was a fight between two groups, in which some of the persons got injured. Hence the complaint.

3.The learned counsel appearing for the petitioner submitted that a counter case has been registered by the petitioner in Crime No.151 of 2021 against the defacto complainant and it is pending. He further submitted that the injured has been discharged from the hospital.

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4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the injured has been discharged from the hospital and that the case and counter has been registered in Cr.No.151 of 2021.

5.Taking into consideration the facts and circumstances of the case and also taking into consideration the period of incarceration and the fact that the injured got discharged from the hospital, this Court is inclined to grant bail to the petitioner by imposing conditions.

6.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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Musiri, and on further condition 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 appear before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1 THE JUDICIAL MAGISTRATE, MUSIRI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

3 THE INSPECTOR OF POLICE MUSIRI POLICE STATION, MUSIRI, TRICHY DISTRICT.

4 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.5683 of 2021 Date :21/04/2021 VSG JM/VR/SAR II/22.04.2021/3P/6C 3/3