S.Suresh Babu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.163 of 2022 1.S.Suresh Babu 2.N.Siranjeevi @ Chiranjeevi 3.V.Sunil @ Sunil Kumar 4.Siranjeevi 5.V.Karthick @ Karthik ... Petitioners

Versus

The State represented by The Inspector of Police, Pathirvedu Police Station, Tiruvallur District.

(Crime No.992 of 2020) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on anticipatory bail in the event of arrest in Crime No.992 of 2020 on the file of respondent.

For Petitioners :

Mr.N.Inbanathan For Respondent :

Mr.N.S.Suganthan, Government Advocate (Crl. Side) *********

O R D E R

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 447, 294(b), 324 and 506(ii) of IPC in Crime No.992 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners have entered the defacto complainant house on 03.08.2020 and assault defacto complainant and his family members and threatened not to contest in the election for which the defacto complainant made complaint on 03.08.2020 against the petitioners. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there is simple injury. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Gummidipoondi, on condition that the petitioners shall execute a 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the SEVALAYA, No.F-2, Pushkarani Apartments, 12 Ananda Road, Alwarpet, Chennai 600 018, Account Name : SEVALAYA, Account No.218601000134, Bank : ICICI Bank, Branch : Mylapore, Chennai 600 004, IFSC Code : ICIC0002186, Cell No. 9941450444 within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

[b] the petitioners and 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.

[c] the petitioners are directed to report before the respondent police daily at 10.30 a.m., until further orders; [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] 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 anticipatory 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]

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 06/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, GUMMIDIPOONDI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUVALLUR DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, PATHIRVEDU POLICE STATION, TIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 M/S.SEVALAYA, NO.F-2, PUSHKARANI APPARTMENTS, 12 ANANDA ROAD, ALWARPET, CHENNAI 600 018.

ACCOUNT NAME: SEVALAYA, AC.NO.218601000134, ICICI BANK, MYLAPORE, CHENNAI 600 004.

IFSC CODE: ICIC0002186, CELL.9941450444 +1 CC to M/S.T.DHARANI Advocate on payment of necessary charges SR.NO.276 CRL OP.163/2022 Date :06/01/2022 INBA▬11/01/2022