Allowed

Venkatesh @ Venkida Krishnan v. State Rep by

Madras HC6 Aug 2021CRL OP/13759/2021

Case brief

AI extract

What is this about?

This court granted bail to two petitioners remanded to judicial custody for assault and criminal intimidation. Considering no prior cases, victim discharged, and period served, the court ordered release on bond with reporting conditions.

What did the court decide?

Petitioners released on bail on bond with two sureties, directing daily reporting to police and strict adherence to conditions including no absconding, with specific consequences for breach.

Venkatesh @ Venkida Krishnan Vs State Rep by — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.08.2021

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CORAM:

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THE HON'BLE MR.JUSTICE M.DHANDAPANI

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Crl.O.P.No.13759 of 2021

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1.Venkatesh @ Venkida Krishnan 2.Mohan ... Petitioners

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Vs.

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State rep by The Inspector of Police, Tiruppur Central Police Station, Tiruppur. (Crime No.998 of 2021) ... Respondent

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PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.998 of 2021 pending investigation on the file of respondent.

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For Petitioner : Mr.R. RajPrabhu For Respondent : Mr.C.E. Pratap Government Advocate (Crl.Side)

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ORDER

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The petitioners who were arrested on 03.07.2021 and remanded to judicial custody for the offences under Sections 294(b), 323, 324, 506(ii) altered to 294(b), 323, 324, 506(i), 341 and 34 of I.P.C in Crime No.998 of 2021 on the file of the respondent police, seek bail.

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The case of the prosecution is that due to previous enmity between the petitioners and the brother of the defacto complainant, the petitioners assaulted the victim and abused him with filthy language. Hence the complaint.

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The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 15.07.2021. He further submits that the petitioners filed bail application before the learned Principal Sessions Judge, Tiruppur in Crl.MP.No.1152 of 2021 and the same was dismissed on 27.07.2021. Therefore, he prays to grant bail to the petitioners.

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

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The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners attacked the victim and caused serious injuries to the victim Hence he vehemently opposed for grant of bail to the petitioners.

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Considering the fact that there is no previous case pending against the petitioners and that the injured discharged from the hospital and also taking note of the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions:

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Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Tiruppur and on further condition that:

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(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(b)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;

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(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioners shall not abscond either during investigation or trial;

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(e)on breach of any of the aforesaid conditions, the learned 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]; and;

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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-sd/-

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06/08/2021

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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

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1 THE JUDICIAL MAGISTRATE, NO.II, TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION]

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3 THE PRINCIPAL SESSIONS JUDGE, TIRUPPUR 4 THE INSPECTOR OF POLICE, TIRUPPUR CENTRAL POLICE STATION, TIRUPPUR.

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5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE 6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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CC to M/S.R.RAJPRABHU Advocate on payment of necessary charges

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CRL OP.13759/2021 Date :06/08/2021 APN 09/08/2021

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

Venkatesh @ Venkida Krishnan v. State Rep by

Case brief

What is this about?

What did the court decide?

Venkatesh @ Venkida Krishnan v. State Rep by

Case brief

What is this about?

What did the court decide?

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