S.Rajesh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1398 of 2022 1.S.Rajesh 2.S.Subramani 3.R.Komalavalli ... Petitioners Vs.
The State Represented by The Sub Inspector of Police, Nemili Police Station, Ranipet District.
(Crime No.24 of 2022) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of their arrest by the respondent police concerned in crime No.24 of 2022, on the file of the respondent Police.
For Petitioners : Mr.M.D.Ilayaraja For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 294(b), 448, 323, 324 and 506(ii) of IPC, r/w Section 4 of Women Harassment Act, in Cr.No.24 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a civil dispute between the petitioners and the de facto complainant, as a result of which, the petitioners are said to have attacked the de facto complainant. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners are falsely implicated in this case. Hence, he prayed to grant anticipatory bail to the petitioners.
4.The learned Additional Public Prosecutor submits that the investigation is almost completed.
5. Considering the facts and circumstances of the case and also the submissions made by both counsel and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on his 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 Arakkonam, on condition that the petitioner 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 and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners/A1 and A2 shall report before the respondent police every Tuesday at 10.30 a.m., for a period of four weeks and thereafter as and when required for an interrogation and the 3rd petitioner shall report before the respondent police as and when required for an interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners shall not abscond either during investigation or trial;
(e)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 has 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 21/01/2022 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, ARAKKONAM.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, NEMILI POLICE STATION, RANIPET DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.M.D.ILAYARAJA Advocate on payment of necessary charges SR.NO.1008 CRL OP.1398/2022 Date :21/01/2022 JPA 07/02/2022