Madras High Court
CRL OP/29728/2017 of SURYA, M/A 21 YRS, Vs STATE REP. BY: on 28 December 2017
COURT OF JUDICATURE AT MADRAS ( Criminal Jurisdiction ) Thursday, the
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IN THE HIGH COURT OF JUDICATURE AT MADRAS( Criminal Jurisdiction )
Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT
The Hon`ble Mr Justice R.PONGIAPPAN
CRIMINAL ORIGINAL PETITION No.29728 of 2017
SURYA
Vs
STATE REP. BY: [ RESPONDENT ]INSPECTOR OF POLICE, K3 AMINJIKARAI POLICE STATION, CHENNAI, CR.NO.1597 OF 2017.
For Petitioner : M/S.K.VEERAMUTHU Advocate For Respondent : MR. R.SEKAR, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- Heard both sides.
The petitioner is arrayed as the 3[rd] accused in CrimeNo.1597/2017 of K3 Aminjikarai Police Station, was surrendered andremanded to judicial custody on 05.12.2017 for the commission of thealleged offences u/s.147, 148, 341, 324 and 307 IPC and he hasfiled this application for grant of bail.
2The case of the prosecution is that due to previousenemity, the petitioner along with the other accused attacked thedefacto complainant, causing injuries on him, resulting in theregistration of the case.
3The learned counsel who is appearing for the petitionersubmitted that the petitioner has been falsely implicated in thiscase and he has not committed any offence as alleged, he is in noway connected with the occurrence and he is in duress for the past23 days and prayed to enlarge the petitioner on bail.
4The learned Government Advocate [Crl.Side] would submitthat the injured has been discharged from the hospital and that theinvestigation is almost completed.
5Considering the submissions made by either side, it appearsthat the offence u/s. 147, 148, 341, 324 and 307 IPC has beenregistered against the petitioner and he has been ranked as A3 in the alleged offence. Learned Government Advocate represented thatthe person who sustained injuries during the time of occurrence wasdischarged from the hospital. The petitioner has been remanded tothe judicial custody on 05.12.2017 onwards. Both side admitted thatthe petitioner is having permanent residence. Hence there is nochance for absconding.
6Taking all the above said aspects into consideration,having regard to the period of detention and also due to the reasonthat the injured has been discharged from the hospital, this Courtis of the view that the custodial interrogation of the petitioner isnot necessary and therefore, this Court is inclined to grant bail tothe petitioner subject to the following conditions:-
(i) The petitioner is ordered to be enlarged on bail on hisexecuting a bond for Rs.10,000/- (Rupees ten thousand only) eachwith two sureties for a like sum each to the satisfaction of thelearned V Metropolitan Magistrate, Allikulam, Chennai.
(ii) The petitioner shall report before the respondent /police daily at 10.00 a.m. for a period of three weeks andthereafter, as and when required for interrogation.
(iii) On the failure of the petitioner to comply withconditions regularly, bail granted to him shall stand cancelledautomatically and the petition is allowed accordingly.
(iv) The petitioner shall not tamper the evidence or witnesseither during investigation or trial.
(v) The petitioner shall not abscond either duringinvestigation or trial.
(vi) On breach of any of the aforesaid conditions, thelearned Magistrate / Trial Court is entitled to take appropriateaction against the petitioner in accordance with law as if theconditions have been imposed and the petitioner released on bail bythe learned Magistrate / Trial Court himself as laid down by theHon’ble Supreme Court in P.K.Shaji Vs State of Kerala [(2005) AIRSCW 5560].
-sd/-
28/12/2017
This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE METROPOLITAN MAGISTRATE,NO.V, ALLIKULAM, CHENNAI.
2 THE CHIEF METROPOLITANMAGISTRATE, EGMORE, CHENNAI[FOR INFORMATION]
3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE,K3 AMINJIKARAI POLICE STATION, CHENNAI.
5 THE SUPERINTENDENT,CENTRAL PRISON, CHENNAI.
+1CC to M/S.K.VEERAMUTHU Advocate on payment of necessarycharges SR NO.23379
CRL OP.29728/2017
Date :28/12/2017
MK:28/12/2017