SEKAR REPORTER

Court News from Madras High Court

Bike race bail order

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Crl.M.P.No. 4242/2022 in

V­6 Kolathur  P.S. Crime No. 128/2022

  1. Karthick @ Kodu Karthick .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

V­6 Kolathur  Police Station, Chennai.               ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. B. Kalaiarasan, R. Surendar Kumar, S.P. Chellammal, Premkumari,  Counsel for the petitioner and of CPP for the respondent and upon hearing them, this Court delivered the following,

ORDER

  1. The petitioner, who was  arrested on 13.3.2022 for the offence punishableunder Section 341, 294(b), 384, 506(ii) IPC  in Crime No.128/2022  on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that the petitioner is   He hasnot committed any offence as alleged by the prosecution. False case has been foisted on him only for statistical purpose. Co­accused/A2 was granted bail by this court.  He  is in custody from  13.3.2022  and prays for granting bail.
  4. On the other hand, learned CPP submits that this petitioner/A1 along with otheraccused waylaid the defacto complainant and robbed Rs.500/­ from him at knife point.
  5. No previous case is reported against the petitioner. Co­accused/A2 was grantedbail by this court. The petitioner is in custody for the past 20 days. Major portion of investigation might have been completed by this time.  Considering the above facts and duration of custody,  this court is inclined to grant bail to the petitioner subject to condition.
  6. Accordingly, the petitioner is ordered to be released on bail on his executing a

bond for a sum of Rs.10,000/­ (Rupees ten thousand only) with two sureties each for a

likesum to the satisfaction of the learned XIII Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner shall appear before the respondent police daily at 10.30 a.m. untilfurther orders.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The XIII Metropolitan Magistrate,
  2. The Superintendent, Central Prison, Puzhal, Chennai. vv

Crl.M.P.No. 4242/2022

Crl.M.P.No. 4467/2022 in

R­10 MGR Nagar  P.S. Crime No. 98/2022

  1. Devid .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

R­10 MGR Nagar  Police Station, Chennai.               ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. K. Dilli Ganesh, S. Dilip Kumar, Counsel for the petitioner and of CPP for the respondent and upon hearing them, this Court delivered the following,

ORDER

  1. The petitioner, who was  arrested on 9.2.2022 for the offence punishable underSection 302 IPC in Crime No.98/2022  on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that this petitioner is innocent. He hasnot committed any offence as alleged by the prosecution. This petitioner is the one of the son of the deceased. The deceased was habitual drunkard. He always picked up quarrel with the petitioner’s mother by demanding money for consuming liquor and the quarrel was pacified by this petitioner and his brother. This petitioner was arrested only on suspicion. Investigation is almost completed. The petitioner is in custody from 19.2.2022 and prays for granting bail.
  4. The case of the prosecution is that on 9.2.2022, the defacto complainant who isthe brother of the deceased Thesamuthu, lodged a complaint  stating that he received a message from Balakrishnan that his brother Thesamuthu was died in the Government hospital at K.K. Nagar and he rushed to the hospital and after seeing  the dead body, he suspected that some one strangulated the neck of the deceased by using rope and murdered him.
  5. According to CPP, investigation is almost completed. He does not raise anyserious objection.
  6. The petitioner is in custody for the past 65 days. According to CPP, major portionof investigation is completed. Considering the above facts and duration of custody, this court is inclined to grant bail to the petitioner subject to condition.
  7. Accordingly, the petitioner is ordered to be released on bail on his executing a

bond for a sum of Rs.10,000/­ (Rupees ten thousand only) with two sureties each for a

likesum to the satisfaction of the learned XXIII Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner shall appear before the respondent police daily at 10.30 a.m. untilfurther orders.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The XXIII Metropolitan Magistrate,
  2. The Superintendent, Central Prison, Puzhal, Chennai. vv

Crl.M.P.No. 4467/2022

Crl.M.P.No. 4572/2022 in

Central Crime Branch­1, Team XXXI, Crime No. 54/2022

Balakrishnan         .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

Central Crime Branch­1, Team XXXI, Vepery, Chennai.               ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. Ganesh Rajan, J. Asokan, V. Vignesh,  Counsel for the petitioner and of CPP for the respondent and upon hearing them, this Court delivered the following,

ORDER

  1. The petitioner, who was  arrested on 19.3.2022 for the offence punishableunder Section 420, 465, 467, 468, 471 IPC  in Crime No. 54/2022  on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that the petitioner is   He hasnot committed any offence as alleged by the prosecution. False case has been foisted on him with an ulterior motive.  This petitioner had availed a personal loan and he was regularly paid the EMIs at Rs.1,29,575/­ per month.  Since, this petitioner was regular in repayment of loan, the bank had offered for a top­up loan. Initially, this petitioner acepted the same by his mail dated 21.1.2022. But, subsequently, he requested the bankers to cancel the top­up loan.  This petitioner has not fabricated any documents. Only after due verification, the loan was sanctioned to him.  He has not cheated the bank. Investigation is almost completed. The petitioner is in custody from 19.3.2022 and prays for granting bail.
  4. On the other hand, learned CPP submits that the defacto complainantS. Rajasaravanan, of HDFC bank lodged the complaint stating that this petitioner availed personal loan from the defacto complainant’s bank by submitting residence proof, Pan card, employment proof, copies of pay slips,  bank statement and the letter from employer. After scrutiny, a personal loan of Rs.60,28,450/­ was sanctioned to the petitioner on 26.5.2021 with an EMI of 60 months with monthly instalment of Rs.1,29,575/­.  Thereafter, loan topup was sought for. Since there was abnormal increase in the salary, the bank suspected and verified and it was found that the bank statement and the salary slips produced by the petitioner are fabricated documents.   Investigation is at preliminary stage. Hence, he objects the grant of bail.
  5. The allegation against the petitioner is that he submitted forged documents beforethe defacto complainant’s bank and obtained loan from the bank. This petitioner was arrested only on 19.3.2022.  According to CPP, investigation is at preliminary stage. If the petitioner is released on bail, chances for screening the evidence is    In the above said circumstances, this court is not inclined to grant bail to the petitioner at present.
  6. Petition is dismissed.

Delivered by me today in the open Court.

 

Principal Sessions Judge

vv

Crl.M.P.No. 4073/2022 in

H­1 Washermenpet Traffic  P.S. Crime No. 43/2022

  1. Ajith Kumar
  2. Sadam @ Sadamussain .. Petitioners/Accused.

Vs.

State Rep. by

The Inspector of Police,

H­1 Washermenpet Traffic Police Station, Chennai.               ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. R. Prem Anandhan, T. Naveen Kumar, J. Logesh, Counsel for the petitioners and of

CPP for the respondent and upon hearing them, this Court delivered the following,

ORDER

  1. The petitioners, who were  arrested on 21.3.2022 for the offence punishableunder Section 308, 114, 279 IPC and sec. 184, 188 of M.V. Act.  in Crime No. 43/2022 on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioners submits that these petitioners are working asAC mechanics. They have  not committed any offence as alleged by the prosecution. False case has been foisted on them only for statistical purpose. Sec.308 IPC does not attract. Co­accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioners are  in custody from  3.2022  and prays for granting bail.
  4. The case of the prosecution is that on 20.3.2022, at about 9.30 p.m. four personswere riding in two bikes bearing Reg. No. TN 03 AC 1921 and TN 03 AE 4080 in a rash and negligent manner near Stanley hospital Roundana towards Moolakothalam, which led to an accident and also racing their bike with each other causing nuisance and terror in the minds of the general public using the public road.
  5. According to CPP, these petitioners along with other accused involved in the bikerace during late hours on 20.3.2022 causing ruckus in the public road which was brought to the notice of the respondent police by a public spirited person.  However, according to him, co­accused, who was a pillion rider was granted bail by the Hon’ble High Court on 31.3.2022. The present petitioners are bike riders.  No one sustained injury.  Investigation is almost completed.
  6. Admittedly, recently youngsters are riding their vehicles rashly causing terror inthe minds of the road users. However, fortunately, no one sustained injury. Co­accused was granted bail by the Hon’ble High Court on 31.3.2022. Investigation is almost completed. Further Detention of the petitioners may not be necessary to complete the investigation. The petitioners are in custody from 21.3.2022. Considering the above facts and duration of custody, this court is inclined to grant bail to the petitioners subject to condition.
  7. Accordingly, the petitioners are ordered to be released on bail on their  executinga bond for a sum of Rs. 30,000/­ (Rupees Thirty thousand only) each with two sureties each for a likesum to the satisfaction of the learned III Metropolitan Magistrate, Chennai and on further condition that
  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioners are directed to report before the Duty Doctor of Stanley Hospital,Chennai in Trauma Ward, daily at 8.00 a.m. and stay at Trauma Ward till 12.00 noon. They shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison.
  • Further, the petitioners shall submit one page report daily about their experiencein the Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioners at the end of 30th day to the III Metropolitan Magistrate, George Town, Chennai for appraisal.
  • the petitioners shall report before the Investigating Officer as and when requiredfor interrogation.

 

  • the petitioners shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioners shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioners in accordance with law as if the conditions have been imposed and the above 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].
  • If the petitioners thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The III Metropolitan Magistrate,
  2. The Superintendent, Sub­Jail, Chengalpattu. vv

Crl.M.P.No. 4073/2022

IN THE COURT OF SESSIONS AT CHENNAI

Present: Tmt. S. Alli, M.L.,

Principal Sessions Judge

Friday, the 1st day of April,  2022 Crl.M.P.Nos. 4731/2022 in

TIW Pondy Bazaar P.S. TIW South, T.Nagar   P.S. Crime No. 76/2022

Diwakar                 .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

R­4 TIW Pondy Bazaar Police Station, TIW South, T. Nagar, Chennai.                    ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. P. Krishnakumar, P. Thalapathi, J. Dhivakar, S.M. Raghuram, M. Satham Hussain, Counsel for the petitioner  and of CPP for the respondent and upon hearing them, this Court delivered the following,

ORDER

  1. The petitioner, who was  arrested on 28.3.2022 for the offence punishableunder Section 308 IPC and sec. 189 of M.V. Act   in Crime No. 76/2022  on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that this petitioner is the owner of thevehicle and he is doing his 2nd year graduation in Law Course at Sathyabama Institute of Science and Technology, Chennai. He gave his bike to his friend Karthick and this petitioner only stayed at home at the time of occurrence. This petitioner’s mother is a single parent. This petitioner is no way connected with the alleged offence. False case has been foisted on him only for statistical purpose. Sec.308 IPC does not attract.   No one sustained injury.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble

High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is in custody from

28.3.2022  and prays for granting bail.

  1. The case of the prosecution is that on 28.3.2022, when the defacto complainant ,

Sub­Inspector of Police of R4 Pondy Bazaar Police Station is on duty,  opposite to Shree Bakia Apartment, Mahalingapuram Main Road, one person was riding motor bike DUKE 390  bearing Reg. No. TN 14 W 4554 in a rash and negligent manner  by endangering the defacto complainant as well as other riders on that same way by doing wheeling and other stunts in that road and also racing his bike causing nuisance and terror in the minds of the general public using the public road.

  1. According to CPP, this petitioner involved in the bike race during late hours on28.3.2022 causing ruckus in the public road which was brought to the noticed by the respondent police while he was on duty. However, according to him, one of the accused, who was a pillion rider in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022. The present petitioner is a bike rider.   No one sustained injury.

Investigation is almost completed.

  1. Admittedly, recently youngsters are riding their vehicles rashly causing terror inthe minds of the road users. However, fortunately, no one sustained injury. One of the accused in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  Investigation is almost completed.  Further Detention of the petitioner may not be necessary to complete the investigation. The petitioner is  in custody from 28.3.2022. Considering the above facts and duration of custody, this court is inclined to grant bail to the petitioner subject to condition.
  2. Accordingly, the petitioner is ordered to be released on bail on his  executing a

bond for a sum of Rs. 30,000/­ (Rupees Thirty thousand only) with two sureties each for a

likesum to the satisfaction of the learned VI Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner is directed to report before the Duty Doctor of Stanley Hospital,Chennai in Trauma Ward, daily at 8.00 a.m. and stay at  Trauma Ward till 12.00 noon. They shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison.
  • Further, the petitioner shall submit one page report daily about his experience inthe Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioner at the end of 30th day to the VI Metropolitan Magistrate, George Town, Chennai for appraisal.
  • the petitioner shall report before the Investigating Officer as and when requiredfor interrogation.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The VI Metropolitan Magistrate,
  2. The Superintendent, Sub­Jail, Saidapet, Chennai. vv

Crl.M.P.No. 4731/2022

IN THE COURT OF SESSIONS AT CHENNAI

Present: Tmt. S. Alli, M.L.,

Principal Sessions Judge

Friday, the 1st day of April,  2022 Crl.M.P.No. 4584/2022 in

V5 TIW  Crime No. 68/TM2/2022

Rajesh                    .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

V­5 Thirumangalam Traffic Investigation Wing, Villivakkam  Police Station, Chennai.                    ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. E. Ganesh,  Counsel for the petitioner  and of CPP for the respondent and upon hearing them, this Court delivered the following,

ORDER

  1. The petitioner, who was  arrested on 27.3.2022 for the offence punishableunder Section 308 IPC  in Crime No. 68/TM2/2022 on the file of the respondent police, seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that this petitioner is working as a loadman in Ambattur Industrial Estate . At the time of occurrence, he went to his work. He has not participate in any bike race. False case has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract. No one sustained injury.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is in custody from  3.2022  and prays for granting bail.
  4. The case of the prosecution is that on 27.3.2022, at about 6.00 a.m. this petitionerriding his motor bike bearing Reg. no. TN 13­V 6314 in a rash and negligent manner near 200 feet road Thathangkuppam Railway bridge  by endangering the defacto complainant while he was in walking exercise as well as other riders on that same way by doing wheeling,  causing fire sparkles and other stunts in that road and also racing his bike causing nuisance and terror in the minds of the general public using the public road.   When the rash driving of the petitioner was questioned by the complainant, this petitioner abused him in filthy language.
  5. According to CPP, this petitioner involved in the bike race during morning hourson 27.3.2022 causing ruckus in the public road which was brought to the noticed by the defacto complainant  while he was on walking exercise.  However, according to him, one of the accused  in similar nature of offence was granted bail by the Hon’ble High Court on

31.3.2022.  No one sustained injury.  Investigation is almost completed.

  1. Admittedly, recently, youngsters are riding their vehicles rashly causing terror inthe minds of the road users. However, fortunately, no one sustained injury. One of the accused in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  Investigation is almost completed.  Further Detention of the petitioner may not be necessary to complete the investigation. The petitioner is  in custody from 27.3.2022. Considering the above facts and duration of custody,  this court is inclined to grant bail to the petitioner subject to condition.
  2. Accordingly, the petitioner is ordered to be released on bail on his  executing abond for a sum of Rs. 30,000/­ (Rupees Thirty thousand only) with two sureties each for a

likesum to the satisfaction of the learned VI Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner is directed to report before the Duty Doctor of Stanley Hospital,Chennai in Trauma Ward, daily at 8.00 a.m. and stay at  Trauma Ward till 12.00 noon. They shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison.
  • Further, the petitioner shall submit one page report daily about his experience inthe Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioner at the end of 30th day to the VI Metropolitan Magistrate, George Town, Chennai for appraisal.
  • the petitioner shall report before the Investigating Officer as and when requiredfor interrogation.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The VI Metropolitan Magistrate,
  2. The Superintendent, Central Prison, Puzhal,      vv

Crl.M.P.No. 4584/2022

IN THE COURT OF SESSIONS AT CHENNAI

Present: Tmt. S. Alli, M.L.,

Principal Sessions Judge

Friday, the 1st day of April,  2022 Crl.M.P.No. 4614/2022 in

K­4 AnnaNagar TIW  Crime No.65/2022

Subramanian        .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

K­4 Anna Nagar Traffic  Investigation Wing, Chennai.                    ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. N. Prakash, A. Govindaraj, P. Rajkumar, Counsel for the petitioner  and of CPP for the respondent and upon hearing them, this Court delivered the following,

ORDER

  1. The petitioner, who was  arrested on 27.3.2022 for the offence punishableunder Section 308 IPC and 184 of M.V. Act   in Crime No. 65/2022 on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that this petitioner is innocent of theoffence. He has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case. He has not participate in any bike race. False case has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract.   No one sustained injury.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is in custody from  3.2022  and prays for granting bail.
  4. The case of the prosecution is that on 26.3.2022, at about 9.00 p.m. this petitionerriding his motor bike bearing Reg. no. TN 13 U 4541 in a rash and negligent manner near New Avadi Road, Gangaiamman Koil and overtake the defacto complainant’s autorickshaw by endangering the defacto complainant  as well as other riders on that same way by doing wheeling,  causing fire sparkles and other stunts in that road and also racing his bike causing nuisance and terror in the minds of the general public using the public road.
  5. According to CPP, this petitioner involved in the bike race during night hours 3.2022 causing ruckus in the public road which was brought to the noticed by the defacto complainant  while he was drove his auto rickshaw.  However, according to him, one of the accused  in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  No one sustained injury.  Investigation is almost completed.
  6. Admittedly, recently, youngsters are riding their vehicles rashly causing terror inthe minds of the road users. However, fortunately, no one sustained injury. One of the accused in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  Investigation is almost completed.  Further Detention of the petitioner may not be necessary to complete the investigation.  The petitioner is  in custody from 27.3.2022. Considering the above facts and duration of custody,  this court is inclined to grant bail to the petitioner subject to condition.
  7. Accordingly, the petitioner is ordered to be released on bail on his  executing abond for a sum of Rs. 30,000/­ (Rupees Thirty thousand only) with two sureties each for a

likesum to the satisfaction of the learned VI Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner is directed to report before the Duty Doctor of Stanley Hospital,Chennai in Trauma Ward, daily at 8.00 a.m. and stay at  Trauma Ward till 12.00 noon. They shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison.
  • Further, the petitioner shall submit one page report daily about his experience inthe Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioner at the end of 30th day to the VI Metropolitan Magistrate, George Town, Chennai for appraisal.
  • the petitioner shall report before the Investigating Officer as and when requiredfor interrogation.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The VI Metropolitan Magistrate,
  2. The Superintendent, Central Prison, Puzhal,      vv

Crl.M.P.No. 4614/2022

IN THE COURT OF SESSIONS AT CHENNAI

Present: Tmt. S. Alli, M.L.,

Principal Sessions Judge

Friday, the 1st day of April,  2022 Crl.M.P.No. 4464 /2022 in

K­10 koyambedu Traffic Investigation  Crime No. 70/2022

  1. Sridhar .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

K­10 Koyembedu Market E. Road, Koyambedu Traffic Investigation, Chennai.                    ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. M. Sundaramurthy, M. Danabal, K. Gopinath, S. Arunkumar, Counsel for the petitioner  and of CPP for the respondent and upon hearing them, this Court delivered the following,

ORDER

  1. The petitioner, who was  arrested on 27.3.2022 for the offence punishableunder Section 279, 308 IPC  r/w  177, 189 of M.V. Act   in Crime No. 70/2022 on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that this petitioner is  innocent of theoffence.  He is no way connected with the alleged offence. False case  has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract. No one sustained injury.  In similar nature of offence, one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is in custody from  3.2022  and prays for granting bail.
  4. The case of the prosecution is that on 27.3.2022, at about 7.00 a.m. this petitionerriding his motor bike bearing Reg. no. TN 18 BC 8984 KTM DUKE  in a rash and negligent manner near 100 feet  road opposite to CMBT bridge  by endangering the defacto complainant  as well as other riders on that same way by doing wheeling,  causing fire sparkles and other stunts in that road and also racing his bike causing nuisance and terror in the minds of the general public using the public road.   The same was informed by the defacto complainant to the police.
  5. According to CPP, this petitioner involved in the bike race during morning hourson 27.3.2022 causing ruckus in the public road which was brought to the notice by the defacto complainant  while he was walking on the road.  However, according to him, one of the accused  in similar nature of offence was granted bail by the Hon’ble High Court on

31.3.2022.  No one sustained injury.  Investigation is almost completed.

  1. Admittedly, recently, youngsters are riding their vehicles rashly causing terror inthe minds of the road users. However, fortunately, no one sustained injury. One of the accused in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  Investigation is almost completed.  Further Detention of the petitioner may not be necessary to complete the investigation. The petitioner is  in custody from 27.3.2022. Considering the above facts and duration of custody,  this court is inclined to grant bail to the petitioner subject to condition.
  2. Accordingly, the petitioner is ordered to be released on bail on his  executing abond for a sum of Rs. 30,000/­ (Rupees Thirty thousand only) with two sureties each for a

likesum to the satisfaction of the learned VI Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner is directed to report before the Duty Doctor of Stanley Hospital,Chennai in Trauma Ward, daily at 8.00 a.m. and stay at  Trauma Ward till 12.00 noon. They shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison.
  • Further, the petitioner shall submit one page report daily about his experience inthe Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioner at the end of 30th day to the VI Metropolitan Magistrate, George Town, Chennai for appraisal.
  • the petitioner shall report before the Investigating Officer as and when requiredfor interrogation.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The VI Metropolitan Magistrate,
  2. The Superintendent, Central Prison, Puzhal,      vv

Crl.M.P.No. 4464/2022

IN THE COURT OF SESSIONS AT CHENNAI

Present: Tmt. S. Alli, M.L.,

Principal Sessions Judge

Friday, the 1st day of April,  2022 Crl.M.P.No. 4857/2022 in

 TIW Thirumangalam P.S. Crime No. 70/2022

  1. Prasanth .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

V­5­ Thirumangalam Traffic Investigation Wing,  Chennai.                    ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. M. Prabakar, D. Raja,  Counsel for the petitioner  and of CPP for the respondent and upon hearing them, this Court delivered the following,

ORDER

  1. The petitioner, who was  arrested on 28.3.2022 for the offence punishableunder Section 308 IPC  in Crime No. 70/2022 on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that this petitioner is innocent of theoffence. He has not participate in any bike race. False case has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract. No one sustained injury.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is in custody from  3.2022  and prays for granting bail.
  4. The case of the prosecution is that complaint was lodged by the defactocomplainant, who is an auto driver stating that on 28.3.2022, at about 12.30 p.m. when he riding his auto,   this petitioner riding his motor bike bearing Reg. no. TN 13 W 8861 in a rash and negligent manner near Nolambur Balaji Hospital, by endangering the defacto complainant as well as other riders on that same way by doing wheeling,  causing fire sparkles and other stunts in that road and also racing his bike causing nuisance and terror in the minds of the general public using the public road.
  5. According to CPP, this petitioner involved in the bike race during afternoon at12.30 p.m. on 28.3.2022 causing ruckus in the public road which was brought to the notice by the defacto complainant  while he was riding his auto.  However, according to him, one of the accused  in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  No one sustained injury.  Investigation is almost completed.
  6. Admittedly, recently, youngsters are riding their vehicles rashly causing terror inthe minds of the road users. However, fortunately, no one sustained injury. One of the accused in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  Investigation is almost completed.  Further Detention of the petitioner may not be necessary to complete the investigation. The petitioner is  in custody from 28.3.2022. Considering the above facts and duration of custody,  this court is inclined to grant bail to the petitioner subject to condition.
  7. Accordingly, the petitioner is ordered to be released on bail on his  executing abond for a sum of Rs. 30,000/­ (Rupees Thirty thousand only) with two sureties each for a

likesum to the satisfaction of the learned VI Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner is directed to report before the Duty Doctor of Stanley Hospital,Chennai in Trauma Ward, daily at 8.00 a.m. and stay at  Trauma Ward till 12.00 noon. They shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison.
  • Further, the petitioner shall submit one page report daily about his experience inthe Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioner at the end of 30th day to the VI Metropolitan Magistrate, George Town, Chennai for appraisal.
  • the petitioner shall report before the Investigating Officer as and when requiredfor interrogation.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The VI Metropolitan Magistrate,
  2. The Superintendent, Sub­Jail, Saidapet,      vv

Crl.M.P.No. 4857/2022

IN THE COURT OF SESSIONS AT CHENNAI

Present: Tmt. S. Alli, M.L.,

Principal Sessions Judge

Friday, the 1st day of April,  2022

Crl.M.P.Nos. 4720 & 4724/2022 in

C­2  TIW  Crime No. 25/2022

  1. Jagadish .. Petitioner/Accused.

in Crl.M.P.No.4720/2022

  1. Sarukesh .. Petitioner/Accused

in Crl.M.P.No. 4724/2022

Vs.

State Rep. by

The Inspector of Police,

C­2 Elephant Gate Traffic Investigation Wing, Elephant Gate Police Station,

Chennai.                                                                               ..Respondent/Complainant.

in both the petitions

The above petitions are  coming on this day before me for hearing in the presence of M/s. A. Esaki Pandy, R. Prasanth @ Vijay, V. Devaraj, V.G. Nishok, S. Ramesh Kumar, Counsel for the petitioner in Crl.M.P.No.4720/2022 and of M/s. VAT Legal G. Abraham Prabhu, Vijay Gurudass, T. Ajay Rao, R. Arun, R. Vijay Counsel  for the petitioner  in Crl.M.P.No. 4724/2022 and of CPP for the respondent and upon hearing them, this Court delivered the following,

COMMON ORDER

  1. The petitioners, who were  arrested on 28.3.2022 for the offence punishableunder Section 279, 308 IPC and sec. 189 of M.V. Act  in Crime No. 25/2022 on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner in Crl.M.P.No.4720/2022 submits that thispetitioner is innocent of the offence. When this petitioner was sleeping in his house at 8.00 a.m. the Sub Inspector of Police called the petitioner through phone and called him to police station for an enquiry and when he visited the police station, the respondent police arrested him. The petitioner has not participate in any bike race. False case has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract.   No one sustained injury. No CCTV footage is produced by the complainant to strengthen the allegation against the petitioner. Without proper enquiry,he has been implicated in this case.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is in custody from  3.2022  and prays for granting bail.
  4. Learned counsel for the petitioner in Crl.M.P.No.4724/2022 submits that thispetitioner is innocent of the offence. He is a B.Com., graduate and working in a I.T. Company. He has not committed any offence as alleged by the prosecution. This petitioner has not participate in any bike race. False case has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract.   No one sustained injury. No CCTV footage is produced by the complainant to involve the petitioner in the alleged offence.  Without proper enquiry, he has been implicated in this case.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is in custody from  3.2022  and prays for granting bail.
  5. The case of the prosecution is that on 28.3.2022, at about 5.30 a.m. while thecomplainant Sub Inspector of Police is on duty going for investigation at Rajaji Street, in front of the Collector Office, three persons in three two wheelers bearing Registration Nos. TN 01 BF 8370, TN 12 AH 1237 and TN 05 CE 8791 riding  their  motor bikes  in a rash and negligent manner  by endangering the defacto complainant  as well as other riders on that same way by doing wheeling,  causing fire sparkles and other stunts in that road and also racing their bikes causing nuisance and terror in the minds of the general public using the public road.
  6. According to CPP, these petitioners involved in the bike race during morninghours on 28.3.2022 causing ruckus in the public road which was noticed by the  defacto complainant/Sub­Inspector of police   while he was on    However, according to him, one of the accused  in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  No one sustained injury.  Investigation is almost completed.
  7. Admittedly, recently, youngsters are riding their vehicles rashly causing terror inthe minds of the road users. However, fortunately, no one sustained injury. One of the accused in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  Investigation is almost completed.  Further Detention of the petitioners may not be necessary to complete the investigation. The petitioners are  in custody from 28.3.2022. Considering the above facts, age of the petitioners  and duration of custody,  this court is inclined to grant bail to the petitioners subject to condition.
  8. Accordingly, the petitioners are ordered to be released on bail on their  executinga bond for a sum of Rs. 30,000/­ (Rupees Thirty thousand only) each with two sureties each for a likesum to the satisfaction of the learned III Metropolitan Magistrate, Chennai and on further condition that
  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioners are directed to report before the Duty Doctor of Stanley Hospital,Chennai in Trauma Ward, daily at 8.00 a.m. and stay at  Trauma Ward till 12.00 noon. They shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison.
  • Further, the petitioners shall submit one page report daily about their experiencein the Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioners at the end of 30th day  to the III Metropolitan Magistrate, George Town, Chennai for appraisal.
  • the petitioners shall report before the Investigating Officer as and when requiredfor interrogation.
  • the petitioners shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioners shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioners in accordance with law as if the conditions have been imposed and the above 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].
  • If the petitioners thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The III Metropolitan Magistrate,
  2. The Superintendent, Central Prison, Puzhal,      vv

Crl.M.P.No. 4720 & 4724/2022

IN THE COURT OF SESSIONS AT CHENNAI

Present: Tmt. S. Alli, M.L.,

Principal Sessions Judge

Friday, the 1st day of April,  2022

Crl.M.P.Nos. 4244, 4245 and 4247/2022 in

P­1 Pulianthope  TIW  Crime No. 28/2022

  1. Balaji
  2. Harishkumar
  3. Salmonkhan .. Petitioners/Accused.

in Crl.M.P.No.4244/2022

  1. Divinkumar .. Petitioner/Accused in Crl.M.P.No. 4245/2022

Movin                    .. Petitioner/Accused

in Crl.M.P.No.4247/2022

Vs.

State Rep. by

The Inspector of Police,

P­1 Pulianthope Traffic Investigation Wing, Pulianthope,

Chennai.                                                                               ..Respondent/Complainant.

in all the petitions

The above petitions are  coming on this day before me for hearing in the presence of

M/s. R. Karthik, M. Gopinath, Counsel for the petitioners in Crl.M.P.No.4244/2022

M/s.K. Jothilingam, K. Arunkumar, M.V. Sathish Kumar, M. Rajeshwari, R. Ganeshprabhu,

Counsel for the petitioner in Crl.M.P.No. 4245/2022, and of M/s. D. Arun, G. Neppoliyan, Arikrishnan, Counsel for the petitioner in Crl.M.P.No.4247/2022 and of CPP for respondent and upon hearing them, this Court delivered the following,

COMMON ORDER

  1. The petitioners, who were  arrested on 22.3.2022 for the offence punishableunder Section 308, 114 of IPC r/w 184, 188 of M.V. Act   in Crime No. 28/2022 on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioners in Crl.M.P.No.4244/2022 submits that thepetitioners are innocent of the offence. These petitioners have  not participated in any bike race. False case has been foisted on them only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract.   No one sustained injury. No CCTV footage is produced by the complainant to strengthen the allegation against the petitioners. Without proper enquiry,they have been implicated in this case.  In similar nature of offence,  one of the accused was granted  bail by the Hon’ble

High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioners are  in custody from 22.3.2022  and prays for granting bail.

  1. Learned counsel for the petitioner in Crl.M.P.No. 4245/2022 submits that thispetitioner is innocent of the offence. He is studying in Final year B.C.A (C.A.) in S.R.M. Institute of Science and Technology. He has not committed any offence as alleged by the prosecution. This petitioner has not participated in any bike race. False case has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract. No one sustained injury. No CCTV footage is produced by the complainant to involve the petitioner in the alleged offence.  Without proper enquiry, he has been implicated in this case.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated

31.3.2022.  The petitioner is in custody from  22.3.2022  and prays for granting bail.

  1. Learned counsel for the petitioner in Crl.M.P.No. 4247/2022 submits that thispetitioner is innocent of the offence. He has completed Diploma in Mechanical Engineering and has been working as a helper at Production section in Simson Company, Anna Salai. He has not committed any offence as alleged by the prosecution. This petitioner has not participated in any bike race. False case has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract. No one sustained injury. No CCTV footage is produced by the complainant to involve the petitioner in the alleged offence.  Without proper enquiry, he has been implicated in this case.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is in custody from  3.2022  and prays for granting bail.
  2. The case of the prosecution is that on 21.3.2022, at about 21.00 hours while thecomplainant Sub Inspector of Police is on duty opposite to Ambedkar College road, three and more  persons in three two wheelers bearing Registration Nos. TN 03 AD 4890 Pulsar NS 160, (2)   TN 03 AC 0885 Yamaha and (3) TN 09 CQ 7180 KTM Duke 250  riding their  motor bikes  in a rash and negligent manner  by endangering the defacto complainant as well as other riders on that same way by doing wheeling,  causing fire sparkles and other stunts in that road and also racing their bikes causing nuisance and terror in the minds of the general public using the public road.
  3. According to CPP, these petitioners involved in the bike race during night   hourson 21.3.2022 causing ruckus in the public road which was  noticed by the  defacto complainant/Sub­Inspector of police   while he was on    However, according to him, one of the accused  in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  No one sustained injury.  Investigation is almost completed.
  4. Admittedly, recently, youngsters are riding their vehicles rashly causing terror inthe minds of the road users. However, fortunately, no one sustained injury. One of the accused in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  Investigation is almost completed.  Further Detention of the petitioners may not be necessary to complete the investigation. The petitioners are  in custody from 22.3.2022. Considering the above facts,  age of the petitioners and duration of custody,  this court is inclined to grant bail to the petitioners subject to condition.
  5. Accordingly, the petitioners are ordered to be released on bail on their  executinga bond for a sum of Rs. 30,000/­ (Rupees Thirty thousand only) each with two sureties each for a likesum to the satisfaction of the learned VI Metropolitan Magistrate, Chennai and on further condition that
  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioners are directed to report before the Duty Doctor of Stanley Hospital,

Chennai in Trauma Ward, daily at 8.00 a.m. and stay at  Trauma Ward till 12.00 noon. They shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison.

  • Further, the petitioners shall submit one page report daily about their experiencein the Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioners at the end of 30th day  to the VI Metropolitan Magistrate, George Town, Chennai for appraisal.
  • the petitioners shall report before the Investigating Officer as and when requiredfor interrogation.
  • the petitioners shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioners shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioners in accordance with law as if the conditions have been imposed and the above 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].
  • If the petitioners thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge  Copy to :

  1. The VI Metropolitan Magistrate,
  2. The Superintendent, Sub­Jail, Saidapet,      vv

Crl.M.P.Nos.  4244, 4245 & 4247/2022

IN THE COURT OF SESSIONS AT CHENNAI

Present: Tmt. S. Alli, M.L.,

Principal Sessions Judge

Friday, the 1st day of April,  2022

Crl.M.P.Nos. 4239, 4240, 4241 & 4735/2022 in

J­2 Ayar TIW  Crime No. 119/2022

Mukesh                  .. Petitioner/Accused.

in Crl.M.P.No.4239/2022

Hariharan .. Petitioner/Accused    in Crl.M.P.No. 4240/2022

  1. Mohammed Rehamathulla
  2. Mohammed Sadik
  3. Mohammed Ashiq .. Petitioners/Accused

in Crl.M.P.No.4241/2022

Romans Algrate   .. Petitioner/Accused

in Crl.M.P.No.4735/2022

Vs.

State Rep. by

The Inspector of Police,

J­2 Adyar Traffic Investigation Wing, Besant Nagar,

Chennai.                                                                               ..Respondent/Complainant.

in all the petitions

The above petitions are  coming on this day before me for hearing in the presence of M/s. S.V. Badriah, Counsel for the petitioner in Crl.M.P.No. 4239/2022 and 4241/2022

M/s. A. Samson, M. Prakash, R. Giridaran, Counsel for the petitioner in Crl.M.P.No.4240/2022

M/s. C.V. Kumar, C. Mohan Raj, K.C. Muhammad Raihan, G.K. Veerasekaran, Counsel for the petitioner in Crl.M.P.No.4735/2022

and of  CPP for respondent  and upon hearing them, this Court delivered the following,

COMMON ORDER

  1. The petitioners, who were  arrested on 21.3.2022 for the offence punishableunder Section 308 IPC and sec. 189 of M.V. Act   in Crime No. 119/2022 on the file of the respondent police,  seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner in Crl.M.P.No.4239/2022 submits that thepetitioner is innocent of the offence. This petitioner is no way connected with the alleged offence and he has not participated in any bike race. False case has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract.   No one sustained injury. No CCTV footage is produced by the complainant to strengthen the allegation against the petitioner. Without proper enquiry, he has been implicated in this case.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is  in custody from  3.2022  and prays for granting bail.
  4. Learned counsel for the petitioner in Crl.M.P.No. 4240/2022 submits that thispetitioner is innocent of the offence. He has not committed any offence as alleged by the prosecution. This petitioner has not participated in any bike race. False case has been foisted on him only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract. No one sustained injury. No CCTV footage is produced by the complainant to involve the petitioner in the alleged offence.  Without proper enquiry, he has been implicated in this case.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioner is in custody from  3.2022  and prays for granting bail.
  5. Learned counsel for the petitioners in Crl.M.P.No. 4241/2022 submits that thesepetitioners are innocent of the offence. They have not committed any offence as alleged by the prosecution. These petitioners have  not participated in any bike race. False case has been foisted on them  only for statistical purpose. No such occurrence had happened as alleged by the prosecution. Sec.308 IPC does not attract.   No one sustained injury. No CCTV footage is produced by the complainant to involve the petitioners in the alleged offence.  Without proper enquiry, they have  been implicated in this case.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated 31.3.2022.  The petitioners are  in custody from  3.2022 and prays for granting bail.
  6. Learned counsel for the petitioner in Crl.M.P.No.4735/2022 submits that thispetitioner is not at all present at the place of occurrence. He is running a Electrical shop at Kodungaiyur. This petitioner had undergone major lung surgery last year. So, he has not participated in the alleged bike race. The respondent police implicated this petitioner in this case, based on the confession statement of co­accused. He is no way connected with the alleged offence. Sec.308 IPC does not attract.   No one sustained injury. No CCTV footage is produced by the complainant to involve the petitioners in the alleged offence.  Without proper enquiry, he has  been implicated in this case.  In similar nature of offence,  one of the accused was granted bail by the Hon’ble High Court in Crl.O.P.No.7149/2022 dated

31.3.2022.  The petitioners are  in custody from  21.3.2022  and prays for granting bail.

  1. The case of the prosecution is that on 19.3.2022, at about 1.30 a.m. while the complainant Sub Inspector of Police is on patrol duty at Radhakrishnan Salai AVM Avenue, these petitioners along with other accused came in 10 motor cycles and drove their motor bikes in a rash and negligent manner  by endangering the defacto complainant  as well as other riders on that same way by doing wheeling,  causing fire sparkles and other stunts in that road and also racing their bikes causing nuisance and terror in the minds of the general public using the public road.
  2. According to CPP, these petitioners involved in the bike race during wee hours on19.3.2022 causing ruckus in the public road which was  noticed by the  defacto complainant/Sub­Inspector of police   while he was on  patrol duty.  However, according to him, one of the accused  in similar nature of offence was granted bail by the Hon’ble High

Court on 31.3.2022.  No one sustained injury.  Investigation is almost completed.

  1. Admittedly, recently, youngsters are riding their vehicles rashly causing terror inthe minds of the road users. However, fortunately, no one sustained injury. One of the accused in similar nature of offence was granted bail by the Hon’ble High Court on 31.3.2022.  Investigation is almost completed.  Further Detention of the petitioners may not be necessary to complete the investigation. The petitioners are  in custody from 21.3.2022. Considering the above facts,  age of the petitioners and duration of custody,  this court is inclined to grant bail to the petitioners subject to condition.
  2. Accordingly, the petitioners are ordered to be released on bail on their  executinga bond for a sum of Rs. 30,000/­ (Rupees Thirty thousand only) each with two sureties each for a likesum to the satisfaction of the learned  XVIII Metropolitan Magistrate, Chennai and on further condition that
  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioners are directed to report before the Duty Doctor of Stanley Hospital,Chennai in Trauma Ward, daily at 8.00 a.m. and stay at  Trauma Ward till 12.00 noon. They shall assist the Ward Boys to take care of the patients at Trauma Ward for a period of 30 days from the next date of release from the prison.
  • Further, the petitioners shall submit one page report daily about their experiencein the Trauma Ward to the duty Doctor and the Dean in turn shall forward the reports submitted by the petitioners at the end of 30th day  to the XVIII Metropolitan Magistrate, George Town, Chennai for appraisal.
  • the petitioners shall report before the Investigating Officer as and when requiredfor interrogation.
  • the petitioners shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioners shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioners in accordance with law as if the conditions have been imposed and the above 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].
  • If the petitioners thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge

Copy to :

  1. The XVIII Metropolitan Magistrate,
  2. The Superintendent, Sub­Jail, Chengalpattu.
  3. The Superintendent, Sub­Jail, Saidapet, Chennai. vv

Crl.M.P.Nos.  4239, 4240, 4241 & 4735/2022

 

Crl.M.P.No.4578/2022 in

N.1, Royapuram P.S. Cr.No.139/2022

  1. Karthik
  2. Prashanth .. Petitioners/Accused.

Vs.

State Rep. by

The Inspector of Police,

N.1, Royapuram Police Station, Chennai. ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. A.P. Sathyamurthy, P. Narayana Prasadh, Counsel for the petitioner and of CPP for respondent and upon hearing them, this Court delivered the following :

ORDER

  1. The petitioners, who were arrested on 16.3.2022 for the offence punishable under Sec.174 Cr.P.C. @ Sec.306 of IPC in Cr.No.139/2022 on the file of the respondent police, seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioners submits that the petitioners are innocent.The deceased persons have borrowed lakhs of rupees from other persons and not repaid the same. Due to which, under stress, the deceased have committed suicide.  The petitioners are noway responsible for the suicide committed by the deceased.  As per suicide note left by one of the deceased, Mahasar Ali, entire allegation is against one Sundar alone.  There is no overt act as against these petitioners.  Co­accused was granted anticipatory bail by the Hon’ble High Court in Crl.O.P.No.7126/2022, dated 29.3.2022.

The petitioners are in custody from 16.3.2022. Hence, prays for granting  bail.

  1. On the other hand, the learned CPP submits that totally 6 accused involve dinthis case. Petitioners are A2 and A3. The defacto complainant’s sister and her husband committed suicide by hanging, due to the torture given by the financiers to repay the loan amount.  Initially, case was registered u/s.174 Cr.P.C., Subsequently, the case was altered into sec.306 IPC based on the suicide note left by one of the deceased Mahasar Ali, wherein the deceased has clearly mentioned the names of the accused including these petitioners, A2 and A3 stating that they are the reason for his death.  Investigation is pending and thus seriously objects granting bail.
  2. It is a case of 306 IPC. Two persons were died. On perusal of the Death Noteleft by one of the deceased Mahasar Ali, it appears, he provided vehicles on rent to one of the accused Sundar and on his failure to pay the rent consecutively, the deceased was tortured by the owners of the vehicles to pay the amount and also to hand over the vehicles.   In the death note, he clearly mentioned that Sundar, Prasanth(A3), Karthick(A2), Ganesh, Prabhu and Naveen are the reasons for his death.  There is prima facie case against the petitioners.  It is a recent occurrence. According to learned CPP, investigation is pending. Considering the gravity of offence, the fact that two valuable lives have been lost, the fact that investigation is pending and short duration of custody, this court is not inclined to grant bail to the petitioners at present. 6.  Hence, the petition is dismissed.

Delivered by me today in the open Court.

Principal Sessions Judge

nmk

Crl.M.P.No.4591/2022 in

C.4, Rajiv Gandhi Government General Hospital P.S. Cr.No.19/2022

  1. Sanjay Kumar .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

C.4, Rajiv Gandhi General Hospital Police Station, Chennai. ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. A.M. Venkatakrishnan, T. Pandiyan, S. Deepak, V. Priya, Counsel for the petitioner and of CPP for respondent and upon hearing them, this Court delivered the following :

ORDER

  1. The petitioner, who was arrested on 21.3.2022   for the offence punishableunder Section 380 IPC   in Crime No. 19/2022  on the file of the respondent police,  seeks

bail.

  1. Heard both sides.
  2. Learned counsel for the petitioner submits that the petitioner is innocent. A1,Vinayagamoorthy sought for financial help from this petitioner, which was refused by him. Due to vengeance, A1 had falsely implicated the petitioner in this case. The petitioner is noway connected with the alleged offence. Property has been recovered. Coaccused were granted bail.  The petitioner is in custody from 21.3.2022. Hence, prays for granting bail.
  3. On the other hand, learned CPP submits that the accused have committed theftof 8 vials of IV Immunoglobulin at IMCU Ward at Government Hospital worth about

Rs.48,000/­.  On the complaint lodged by one Doctor S. Ragunanthanan, of RGGGH case has been registered.   However, he submits that the stolen property has been recovered. A1 was granted bail by the Hon’ble High Court and A2 was granted bail by this court.  He has not raised any serious objection.

  1. The petitioner is in custody for the past 12 days. He is a purchased as reportedby  learned CPP. Stolen property has been recovered.  No previous case is reported against this petitioner. Co­accused were already released on bail.  No serious objection has been raised by learned CPP.   Considering the above facts and duration of custody, this court is inclined to grant bail to the petitioner on condition.
  2. Accordingly, the petitioner is ordered to be released on bail on his executing a

bond for a sum of Rs.10,000/­ (Rupees ten thousand only) with two sureties each for a

likesum to the satisfaction of the learned VIII Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner shall appear before the respondent police daily at 10.30 a.m. untilfurther orders.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge

Copy to :

  1. Learned VIII Metropolitan Magistrate,
  2. The Superintendent, Sub­Jail, Chengalpet.

 

nmk  Crl.M.P.No.4591/2022

Crl.M.P.No.4847/2022 in

R.2, Kodambakkam P.S. Crime No.76/2022

Raj @ Kulla Raj     .. Petitioner/Accused

Vs.

State Rep. by

The Inspector of Police,

R.2, Kodambakkam Police Station, Chennai. ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. G. Sivakumar, SK. Masthan, K. Sujan Kumar, Counsel for the petitioner and of CPP for respondent and upon hearing them, this Court delivered the following :

ORDER

  1. The petitioner, who was arrested on 10.3.2022 for the offence punishable underSection 341, 294(b), 324, 397, 336, 427, 506(ii) of IPC in Crime No.76/2022 on the file of the respondent police, seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that the petitioner is innocent. He is noway connected with the alleged offence. He has been falsely implicated in this case for statistical purpose. The petitioner is in custody from 10.3.2022 and hence, prays for granting bail.
  4. On the other hand, learned CPP submits that this petitioner along with otheraccused waylaid the defacto complainant and demanded money, that on his refusal, the accused robbed Rs.7,000/­ and a cellphone from him at knife point and also attacked him with wooden log. Money not yet recovered.  Injured has been treated as inpatient for a day.

The petitioner is having 4 previous cases.   He objects granting bail.

  1. The petitioner is in custody for the past 23 days. The period for taking custodialinterrogation is over. According to learned CPP, this petitioner is having 4 previous cases.

However, considering the duration of custody, this court is inclined to grant bail to the petitioner subject to condition.

  1. Accordingly, the petitioner is ordered to be released on bail on his executing abond for a sum of Rs.10,000/­ (Rupees ten thousand only) with two sureties each for a

likesum to the satisfaction of the learned XVII Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner shall appear before the respondent police daily at 10.30 a.m. untilfurther orders.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge

Copy to :

  1. Learned XVII Metropolitan Magistrate,
  2. The Superintendent, Central Prison, Puzhal.

 

nmk

Crl.M.P.No.4847/2022

Crl.M.P.No.4850/2022 in

TIW­Anna Nagar P.S. Cr.No.67/2022

  1. Raja .. Petitioner/Accused.

Vs.

State Rep. by

The Inspector of Police,

TIW – Anna Nagar Police Station, Chennai. ..Respondent/Complainant.

This petition is coming on this day before me for hearing in the presence of M/s. S. Prakash, M. Madhavan, D. Vinodhkumar, Counsel for the petitioner and of CPP for respondent and upon hearing them, this Court delivered the following :

ORDER

  1. The petitioner, who was arrested on 29.3.2022 for the offence punishable under Section 308 IPC and Sec.185 of M.V. Act in Crime No.67/2022 on the file of the respondent police, seeks bail.
  2. Heard both sides.
  3. Learned counsel for the petitioner submits that the petitioner is innocent. It is onlyan accident. There was no negligence on the part of the petitioner. He has not drunk at the time of occurrence. The petitioner has no bad antecedent. Injured were discharged from the hospital. The petitioner is in custody from 29.3.2022 and hence, prays for granting bail.
  4. On the other hand, learned CPP submits that this petitioner under the influenceof alcohol drove his Car in a rash and negligent manner and dashed the Auto, on the back side, due to which the Auto got flipped over and dashed against a cycle. The Auto Driver, the defacto complainant, who was travelling in the auto and the cycle rider got injured.

However, he submits that injured have been discharged from the hospital.

  1. It is a case of drunken driving. No serious injury has been reported.  Accordingto learned CPP, injured have been discharged from the hospital.  Considering the above facts, duration of custody and no serious objection on the side of learned CPP, this court is inclined to grant bail to the petitioner subject to condition.
  2. Accordingly, the petitioner is ordered to be released on bail on his executing abond for a sum of Rs.10,000/­ (Rupees ten thousand only) with two sureties each for a

likesum to the satisfaction of the learned VI Metropolitan Magistrate, Chennai and on further condition that

  • the sureties shall affix their photographs and Left Thumb impression in thesurety bond and the Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity.
  • the petitioner shall appear before the respondent police daily at 10.30 a.m. untilfurther orders.
  • the petitioner shall not tamper with evidence or witness either duringinvestigation or trial.
  • the petitioner shall not abscond either during investigation or trial.
  • On breach of any of the aforesaid conditions, the learned Magistrate/TrialCourt is entitled to take appropriate action against the above petitioner in accordance with law as if the conditions have been imposed and the above petitioner 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].
  • If the petitioner thereafter absconds, a fresh FIR can be registered under Section 229­A IPC.

Delivered by me today in the open Court.

 

Principal Sessions Judge

Copy to :

  1. Learned VI Metropolitan Magistrate,
  2. The Superintendent, Central Prison, Puzhal.

 

nmk

Crl.M.P.No.4850/2022

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