Madras High Court
K.Ezhilarasan ( Male/Aged 28 Years) vs Http://Www.Judis.Nic.In on 15 June, 2020
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.8687 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2020
CORAM
THE HONOURABLE MR.JUSTICE. M.NIRMAL KUMAR
Crl.O.P.No.8687 of 2020
1. K.Ezhilarasan ( Male/Aged 28 years),
S/o.Karunagaran,
Thenpallipattu Village,
Kalasapakkam Taluk,
Thiruvannamalai District.
2. J.Vinoth Kumar (Male/Aged 30 years),
S/o. Jeyapal,
S.M.Nagar, Kalasapakkam Town,
Kalasappakam Taluk,
Thiruvannamalai District.
3.K.Pandiyan, (Male/Aged 24 years),
S/o.Kannan,
Thenpallipattu Village,
Kalasapakkam Taluk,
Thiruvannamalai District.
4. V.Surya,(Male/Aged 24 years)
S/o.Vellikannu,
Thenpallipattu Village,
Kalasapakkam Village,
Thiruvannamalai District.
5. K.Kalaiyarasan (Male/Aged 24 years),
S/o.Karunagaran,
Thenpallipattu Village,
Kalasapakkam Taluk,
Thiruvannamalai District. … Petitioners
Vs.
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Crl.O.P.No.8687 of 2020
The State
Rep. by the Inspector of Police,
Kalasapakkam Police Station,
Thiruvannamalai District. ... Respondent
(Crime No.1101 of 2020)
Prayer: Criminal Original Petition filed under Section 439 Cr.P.C, to enlarge the
petitioners on bail in respect of Crime No.1101 of 2020 on the file of the Inspector
of Police, Kalasapakkam Police Station, Thiruvannamalai Distrct.
For Petitioners : Mr.S.B.Viswanathan
For Respondent : Mr.C.Iyyappa Raj
Additional Public Prosecutor
ORDER
The petitioners were arrested and remanded to judicial custody on 24.05.2020 for the offence s punishable under Sections 147, 148, 294(b), 323, 324, 506(ii) and 307of I.P.C, in Crime No.1101 of 2020 on the file of the respondent police, seek bail.
2. The case of the prosecution is that one Jayakodi lodged a complaint before the respondent against the petitioners stating that on 23.05.2020 at about 9 PM, the de-facto complainant, her husband and few villagers attempted to stop the 1st accused Raja and his accompanies from committing theft of river sand at Seyyar river, the 1st accused Raja along with 8 others including these 5 petitioners had scolded and attacked the de-facto complainant and her husband, who sustained http://www.judis.nic.in 2/6 Crl.O.P.No.8687 of 2020 injuries. Hence, the complaint was registered.
3. The learned counsel appearing for the petitioners would submit that the petitioners are the rival group who contested the local body Panchayat Election and the petitioners have not involved in any offence as alleged by the prosecution and they have been falsely implicated in this case. He would further submit that there is no previous case pending as against the petitioners. Further, he would submit that the petitioners were in judicial custody from 24.05.2020 and seek bail for the petitioners.
4. The learned Additional Public Prosecutor would submit that the 1st accused Raja attacked the de-facto complainant and A2 armed with kuduval and A3 armed with Iron rod, A6 used a stone and A8 used a stick. He would further submit that there are six previous cases pending as against the 1st petitioner and there is no previous cases pending as against the other petitioners. He would further submit that the victims have been discharged from the hospital.
5. The learned counsel for the petitioners seek permission of this Court to withdraw the petition insofar as the 1st petitioner is concerned. In view of the above submission made by the learned counsel for the petitioner, the Criminal Original Petition is dismissed as not pressed insofar as the 1st petitioner is concerned.
6. Taking into consideration the nature of allegations against the petitioners in http://www.judis.nic.in 3/6 Crl.O.P.No.8687 of 2020 the FIR and also taking note of the fact that the petitioners are in judicial custody from 24.05.2020, this Court is inclined to grant bail to the petitioners 2,3, 4 and 5, and this Court is not inclined to grant bail to the 1st petitioner and subject to the following conditions :
(a) the petitioners 2, 3, 4 and 5 shall deposit a sum of Rs.5,000/- (Rupees five thousand only)each, to the Cancer Institute (WIA), (Regional Cancer Centre), Adyar, Chennai-600 020 (Bank:Andhra Bank, Madhya Kailash, SB A/c.No.149710011005477) and on such deposit the petitioners 2, 3, 4, and 5 are ordered to be released on bail on executing their own bond for a sum of Rs.10,000/-
(Rupees ten thousand only)each, before the Superintendent of the concerned prison in which the petitioners have been confined on their release;
(b) the petitioners 2, 3 4 and 5 shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the concerned Magistrate within a period of 15 days from the date of lifting of lockdown and commencement of regular functioning of Court below, failing which the bail granted by this Court shall stand dismissed automatically;
(c) 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;
(d) the petitioners 2, 3, 4 and 5 shall report before the respondent police as and when required for interrogation.
(e) the petitioners 2, 3, 4 and 5 shall not commit any offences of similar nature;
(f) the petitioners 2, 3, 4 and 5 shall not abscond either during investigation or trial;
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(g) the petitioners 2, 3, 4 and 5 shall not tamper with evidence or witness either during investigation or trial;
(h) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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];
M.NIRMAL KUMAR, J.
msrm
(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
15.06.2020 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order msrm To
1. The learned Principal Sessions Court, Thiruvannamalai. (Dismissal Order)
2. The learned Judicial Magistrate, Kalasapakkam District. ( Satisfaction Court)
3. The Inspector of Police, Kalasapakkam Police Station, Thiruvannamalai District.
4.The Public Prosecutor, High Court, Madras.
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5.The Superintendent Sub-Jail, Thiruvannamalai. Crl.O.P.No.8687 of 2020 http://www.judis.nic.in 6/6