CRL OP/20923/2020 of PREM @ PREM KUMAR Vs THE INSPECTOR OF POLICE on 30 December 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM :

THE HON'BLE Mr. JUSTICE V.SIVAGNANAMCrl.O.P.No.20923 of 2020

Prem @ Premkumar

- Vs. -

The Inspector of Police,Vengal Police Station,Tiruvallur District.(Crime No.2163 of 2020).

... Respondent

Prayer:Criminal Original Petition is filed under Section 439 ofCriminal Procedure Code, to enlarge the petitioner on bail inconnection with the Crime No.2163 of 2020 pending investigation onthe file of the respondent.

For Petitioner : Mr.M.R.Senthilkumar

For Respondent : Mr.K.Madhan Government Advocate (Crl. Side)ORDER

(The case has been heard through video conference)

The petitioner, who were arrested and remanded to judicialcustody on 03.11.2020 for the offences punishable under Sections 147,148, 294(b), 307 and 506 (ii) of the Indian Penal Code, 1860, inCrime No.2163 of 2020 on the file of the respondent police, seekbail.

2. The case of the prosecution is that the petitioner isresiding at Kizhanur Village. There is a company named Indo Spacerunning at Vishnuvakkam Village and the said company appointed acontractor namely KEC to fill up mud in the construction work andthereby one Geetha Mohan, who is the Village President, got the jobin the name of Kedemanery Enterprises and that the defactocomplainant is doing filling mud over the construction work bytransporting soil/mud from the Government approved quarry. In thiscircumstances, one Prem viz., the petitioner threatened the defactocomplainant to change the job to one SMG Srinivasan. When he refusedto do the same, the petitioner along with some unknown persons havethreatened the defacto complainant with knife and scolded him withdire consequences.https://hcservices.ecourts.gov.in/hcservices/

3. the learned counsel for the petitioner would submit thatthe petitioner is an innocent person and there is no injury toanybody and the petitioner's wife is a Panchayat Board President.Theoccurrence took place on 30.11.2020 whereas the FIR has beenregistered with delay only on 04.12.2020 which shows a false case hasbeen registered as against the petitioner. Hence, he prays to grantof bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing forthe respondent would submit that there are ten accused involved inthis case and the petitioner is arrayed as A1 and there is no injuryto anybody. The learned Government Advocate would submit that thereare 20 previous cases pending as against the petitioner. Hence, heopposed to grant of bail to the petitioner.

5. Heard the learned Counsel on either side. Perused F.I.R.and other materials placed on record.

6. 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 a likesum to the satisfaction of the learned Judicial Magistrate-I,Tiruvallur, 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 ensure theiridentity;

(c) the petitioner on his release from prison shall reportbefore the respondent police everyday at 10.30 a.m. until furtherorders.

nature;

(d) the petitioner shall not commit any offences of similar (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 ashttps://hcservices.ecourts.gov.in/hcservices/if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down bythe Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIRSCW 5560]; (h) if the accused thereafter absconds, a fresh FIR can beregistered under Section 229A IPC.

7. With the above directions, this Criminal OriginalPetition is ordered.

-sd/-

30/12/2020This 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,NO.I, THIRUVALLUR.

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

3 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE,VENGAL POLICE STATION,TIRUVALLUR DISTRICT

5 THE SUPERINTENDENT,CENTRAL PRISON-II, PUZHAL, CHENNAI.

CC to M/S. M.R.SENTHILKUMAR Advocate on payment of necessarycharges CRL OP.20923/2020

Date :30/12/2020

MN-31/12/2020

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