Allowed

Ajith Kumar v. State Rep.by

Madras HC11 Mar 2021CRL OP/4946/2021

Case brief

AI extract

What is this about?

This bail petition allowed release of two accused persons charged in a group clash case involving assault and attempted murder. The court granted bail subject to standard conditions including bond execution, reporting requirements, and restrictions on tampering with evidence or witnesses, noting the victim had been discharged and a counter-case was pending.

What did the court decide?

Petitioners released on bail subject to bond of Rs.10,000 each with two sureties and various standard conditions of reporting and non-interference.

Ajith Kumar 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 : 11.03.2021

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CORAM :

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THE HON'BLE MR. JUSTICE V.BHARATHIDASAN

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Crl.O.P.No.4946 of 2021

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1.Ajithkumar ... Petitioners 2.Praveenkumar

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Vs. State rep.by ... Respondent The Inspector of Police, Belukurichi Police Station, Namakkal District. (Crime No.105 of 2021)

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PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.105 of 2021 on the file of the respondent police.

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For Petitioners: Mr.W.Camyles Gandhi For Respondent : Mrs.M. Prabhavathi, APP ORDER (The case has been heard through video conference)

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Petitioners, who were arrested and remanded to judicial custody on 15.02.2021 for the offence punishable under Sections 294 (b), 341, 342, 307 , 323 of IPC and 3(1) of TNPPDL Act in Crime No.105 of 2021, seek bail.

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2 . Totally, there are 3 accused and the petitioners are A2 and A3. The case of the prosecution is that there was wordy quarrel between two groups, in which, all the accused persons attacked the defacto complainant and caused serious injuries to him. Hence, the complaint came to be registered.

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The learned counsel for the petitioners would submit that it is a case in counter. Due to wordy quarrel, both the parties attacked each other, in which, A1 also sustained injury and a case in Crime No.106 of 2021 has been registered against the de-facto complainant and others. Now, injured in this case has been discharged from the hospital. Hence, he seeks bail to the petitioners.

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

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The learned Additional Public Prosecutor appearing for the respondent would submit that in a group clash between two groups, the petitioners along with other accused attacked the defacto complainant and he sustained grievous injuries and counter case is also pending. Now, injured has been discharged from the hospital. However, she opposed to grant bail to the petitioners.

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I have considered the submissions and perused the materials available on records carefully.

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Considering the said facts and circumstances of the case and the fact that injured has been discharged from the hospital and counter case is also pending and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions:

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(a) Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Senthamangalam and on further conditions that:

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(b) 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;

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(d) the petitioners shall not commit any offences of similar nature;

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

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

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(g) 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];

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

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

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With the above directions, this Criminal Original Petition is ordered.

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-sd/11/03/2021

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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 Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE, SENTHAMANGALAM. 2 THE CHIEF JUDICIAL MAGISTRATE, NAMAKKAL [FOR INFORMATION]. 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, BELUKURICHI POLICE STATION, NAMAKKAL DISTRICT.

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5 THE SUPERINTENDENT, CENTRAL PRISON,SALEM.

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+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR NO. 3149

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CRL OP.4946/2021

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Date :11/03/2021

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

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MN-12/03/2021

Ajith Kumar v. State Rep.by

Case brief

What is this about?

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Ajith Kumar v. State Rep.by

Case brief

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