Arumugam v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.1072 of 2022
1. Arumugam
2. Krishnakumari @ Maya
3. Rajarajacholan
...Petitioners
Versus
State rep by its The Inspector of Police, Meenambakkam Police Station, St.Thomas Mount District.
Chennai.
(Crime No.241 of 2021)
...Respondent
PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.241 of 2021 pending investigation on the file of the respondent police.
For Petitioners : Mr.M.Senthilkumar For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 448 and 506(i) of IPC in Crime No.241 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners were obtained a loan from the defacto complainant for a sum of Rs.17,50,000/- and as such after received the amount, the defacto complainant demanded the money from the petitioners. Due to which, the petitioners refused to repay the said money and the petitioners along with other accused persons had entered into the office of the defacto complainant and abused in filthy language and threatened him with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel, on instructions, would further submit that the petitioners, without prejudice to their rights, are ready to deposit the amount of Rs.20,000/- to the credit of the crime number. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is almost completed and there is no previous case pending against the petitioners. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered 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, Alandur, Chennai District, on condition that the petitioners shall execute 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 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 first petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Cr.No.
241 of 2021 before the learned Judicial Magistrate, Alandur, Chennai District, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier. [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 1 and 3 shall report before the respondent police on every Wednesday and Saturday at 10.30 a.m., until further orders and the second petitioner shall appear before the respondent police 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.
-sd/- 20/01/2022 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, ALANDUR, CHENNAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MEENAMBAKKAM POLICE STATION, ST.THOMAS MOUNT DISTRICT,CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.M.SENTHILKUMAR Advocate on payment of necessary charges SR.NO.864 CRL OP.1072/2022 Date :20/01/2022 RW 28/01/2022