CRL OP/21000/2020 of AJITHKUMAR@AJITH Vs THE STATE REP.BY on 30 December 2020

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 30.12.2020

THE HON'BLE Mr. JUSTICE V.SIVAGNANAM

CRL.O.P.No. 21000 of 2020

Ajith Kumar @ Ajith ... Petitioner

Vs.

The State,Rep. by Inspector of Police,J-11 Kannagi Nagar Police Station,Chennai.(Crime No.438 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 ofCriminal Procedure Code to enlarge the Petitioner on Bail inCrime No.438 of 2019 on the file of the Inspector of Police, J-11, Kannagi Nagar Police Station, Chennai.

For Petitioner : Mr.M.Nithiyavel

For Respondent : Mr.K.Madhan,

Government Advocate (Crl. Side)***

(The case has been heard through video conference)

The petitioner, who was arrested and remanded to judicialcustody on 01.12.2020 for the offence punishable under Sections294(b), 323, 324, 307, 336, 506(ii) of the Indian Penal Code, inCrime No.438 of 2019 on the file of the respondent police, seeksbail.

2. The case of the prosecution is that the alleged offencehad taken place on 22.08.2019, on the complaint the defactocomplainant has been lodged the previous vengeance took palace onthe time of occurrence, the petitioner is a friend of defactocomplainant, the defacto complainant has injured by one Umapathymentioned as A1 in the FIR. Hence the complaint.

3. The learned counsel appearing for the petitioner wouldsubmit that the petitioner is an innocent and he has been falselyimplicated in this. Hence, he prays for grant of bail to thepetitioner. He would further submit that the petitioner washttps://hcservices.ecourts.gov.in/hcservices/arrested on 01.12.2020. No previous case pending.

4. The learned Government Advocate (Crl. Side) appearing forthe respondent police would vehemently oppose stating that thereare totally four accused and the defacto complainant sufferedfrom head injury and 12 sutures and to grant bail to thepetitioner.

5. Heard the learned Counsels and perused the F.I.R.

6. Overall consideration of the facts, the nature ofaccusation, the nature of offences, the materials in support ofthe accusation and the circumstances of the case and the periodof detention of the petitioner in the judicial custody, thisCourt is inclined to grant bail to the petitioner subject to thefollowing conditions; (a) Accordingly, the petitioner are ordered to be releasedon bail on condition to execute a separate bond for a sum ofRs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties,each for a like sum to the satisfaction of the learned XV M.M,George Town, Chennai, and on further conditions that:

(b) the sureties shall affix their photographs and LeftThumb Impression in the surety bond and the learned Magistratemay obtain a copy of their Aadhar card or Bank pass Book toensure their identity;

(c) the petitioner shall petitioner shall appear beforethe respondent police every day at 10.30 a.m., until furtherorders.

(d) the petitioner shall not commit any offences of similar nature; (e) the petitioner shall not abscond either duringinvestigation or trial; (f) the petitioner shall not tamper with evidence orwitness either during investigation or trial; (g) on breach of any of the aforesaid conditions, thelearned Judicial Magistrate/Trial Court is entitled to takeappropriate action against the petitioner in accordance with lawas if the conditions have been imposed and the petitionerreleased on bail by the learned Magistrate/Trial Court himself aslaid down by the Hon'ble Supreme Court in P.K.Shaji vs. State ofKerala [(2005)AIR SCW 5560]; (h) if the accused thereafter absconds, a fresh FIR canbe registered under Section 229A IPC.

https://hcservices.ecourts.gov.in/hcservices/

7. With the above directions, this Criminal Original Petitionstands ordered.

-sd/-

30/12/2020

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.XV, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION]

3 THE SUPERINTENDENT,CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, J-11 KANNAGI NAGAR POLICE STATION, CHENNAI.

+1CC to M/S.M.NITHIYAVEL Advocate on payment of necessarycharges SR NO.8733

CRL OP.21000/2020

Date :30/12/2020

MK:30/12/2020