CRL OP/21029/2020 of SARAVANAN @ BIRNJI SARAVANAN Vs STATE REP.BY on 30 December 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM :

THE HON'BLE Mr. JUSTICE V.SIVAGNANAMCRL.O.P.No.21029 of 2020

Saravanan @ Brinji Saravanan.. Petitioner State represented by ... RespondentThe Inspector of PoliceE-5, Sholavaram Police StationThiruvallur District(Crime No.4986 of 2020)

PRAYER: Criminal Original Petition filed under Section 439 ofCriminal Procedure Code to enlarge the petitioner on bail in CrimeNo.4986 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.M.UdayavaniFor Respondent : Mr.K.Madhan Government Advocate (Crl. Side)ORDER(The case has been heard through video conference)

The petitioner, who was arrested and remanded to judicialcustody on 05.10.2020 for the offence punishable under Sections 147,148, 341, 294(b), 324, 506(ii) IPC and 307 IPC in Crime No.4986 of2020 on the file of the respondent police, seek bail.

2. The case of the prosecution as per the de factocomplainant is that the petitioners abused the defacto complainantin filthy language and also assaulted him with knife.

3. The learned counsel appearing for the petitioner wouldsubmit that the petitioner is an innocent and he has been falselyimplicated in this case. He would further submit that the petitionerhas been suffering incarceration from 05.10.2020 and that theinjured has been discharged from the hospital. Hence, he prays forgrant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearinghttps://hcservices.ecourts.gov.in/hcservices/for the respondent would vehemently oppose stating that the accused were having enmity with one Sethupathi who involved in illegalactivities. Therefore, on the date of occurrence, the petitioneralong with others, misidentified that the defact complainant is theinformer of the said Sethupathi and assaulted him with knife. Hewould further submit that the petitioner has got five previous casesof hurt case and that that the injured has been discharged from thehospital.

5. Overall consideration of the facts, the nature ofaccusation, the nature of offences, the materials in support of theaccusation and the circumstances of the case and the period ofdetention of the petitioner in the judicial custody, this Court isinclined to grant bail to the petitioner subject to the followingconditions; (a) Accordingly, the petitioner is ordered to be releasedon bail on condition to execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with two sureties, each for alike sum to the satisfaction of the learned Judicial Magistrate-II,Ponneri, and on further conditions that:

(b) the sureties shall affix their photographs and LeftThumb Impression in the surety bond and the learned Magistrate mayobtain a copy of their Aadhar card or Bank pass Book to ensuretheir identity;

(c) the petitioner shall appear before the respondentpolice every day at 10.30 a.m., until further orders.

(d) the petitioner shall not commit any offences ofsimilar 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 law asif the conditions have been imposed and the petitioner released onbail by the learned Magistrate/Trial Court himself as laid down bythe 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 beregistered under Section 229A IPC. https://hcservices.ecourts.gov.in/hcservices/

6. With the above directions, this Criminal OriginalPetition stands 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 JUDICIAL MAGISTRATE-II,PONNERI.

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

3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.4 THE INSPECTOR OF POLICE,E-5, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT.

5 THE SUPERINTENDENT,CENTRAL PRISON, PUZHAL.

CC to M/S. M.UDAYAVANI Advocate on payment of necessarycharges CRL OP.21029/2020

Date :30/12/2020

MN-31/12/2020

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