Madhavan v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.12.2020 CORAM :

THE HON'BLE Mr. JUSTICE V.SIVAGNANAM CRL.O.P.No.21024 of 2020 Madhavan ... Petitioner Vs.

State by:- ... Respondent The Inspector of Police Gurubarapalli Police Station, Krishnagiri District.

(Crime No.884 of 2020) PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to grant bail to the petitioner pending investigation in Crime No.884 of 2020 on the file of the respondent Police.

For Petitioner : Mr.M.Jayachandran For Respondent : Mr.L.Charles Premkumar Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 14.12.2020 for the offence punishable under Sections 147, 148, 323, 324, 506(ii) of IPC and Section 3 of TNPPDL Act, 1959 in Crime No.884 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution as per the de facto complainant is that due to wordy quarrel, the petitioner along with other accused abused the de facto complainant with filthy language, assaulted the him with wooden stick and also caused damage to the chair and dining table to the tune of Rs.20,000/-, due to which, the de facto complainant sustained grievous injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely

implicated in this case. He would further submit that the petitioner has been suffering incarceration from 14.12.2020 and the injured has been discharged from the hospital. Hence, he prays for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose stating that the petitioner along with other accused attacked the de facto complainant with wooden stick and also caused damage to his hotel to the tune of Rs.20,000/-. He would further submit that the injured has been discharged from the hospital.

5. Overall consideration of the facts, the nature of accusation, the nature of offences, the materials in support of the accusation and the circumstances of the case and the period of detention of the petitioner in the judicial custody, this Court is inclined to grant bail to the petitioner subject to the following conditions;

(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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-II, Krishnagiri, and on further conditions that:

(b)the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioner, on his release from prison, shall report before the respondent police every day at 10.30 a.m., until further orders;

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial; (g) 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6.With the above directions, this Criminal Original Petition stands ordered.

-sd/- 30/12/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, GURUPARAPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, HOSUR.

CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.21024/2020 Date :30/12/2020 MN-31/12/2020