A.Santhiya v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.858 of 2021
1. A.Santhiya ... Petitioners
2. P.Anandaraj Vs.
State represented by ... Respondent The Inspector of Police, E-3, Manali New Town Police Station, Manali New Town, Chennai - 600103.
(Crime No.120 of 2019) Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.120 of 2019 pending investigation on the file of the Respondent.
For Petitioners : Mr.T.P.Sekar For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioners who are A3 and A4, apprehend arrest at the hands of the respondent police for the alleged offence under Sections 447, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.120 of 2019 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel, Al attacked the defacto complainant and caused injury and the petitioners herein said to have joined A1 in attacking the defacto complainant. Hence, the respondent police registered a case against the petitioners.
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 to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that A1 was arrested and released on bail and A2 was granted anticipatory bail. The defacto complainant was also discharged from the hospital.
5. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions: (a) Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate - II, Ponneri, on condition that the petitioners shall execute a separate bond for a sum of Rs.
10,000/- (Rupees ten thousand only) with two sureties, 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: (b) 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 shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation.
(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 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.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 03/02/2021 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, NO.II, PONNERI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, E-3, MANALI NEW TOWN POLICE STATION, MANALI NEW TOWN, CHENNAI.
+1 CC to M/S T.P.SEGAR Advocate on payment of necessary charges SR.NO.1097 CRL OP.858/2021 Date :03/02/2021 TA-11/02/2021