Suriya v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1806 of 2022

1. Suriya

2. Prakash

3. Kishor Kumar

4. Vivekanandhan

5. Guganesan

6. Meganathan

7. Velan

8. Velkumar ... Petitioners Vs.

The State Represented by Inspector of Police, M-5, Ennore Police Station, Chennai-600 057.

Crime No.44 of 2022 ...Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned in Crime No.44 of 2022 on the file of Inspector of Police, M-5, Ennore Police Station, Chennai-600 057.

For Petitioners : Mr.Yoga Raja Sekar For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, and 506(ii) of IPC in Crime No.44 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that when the defacto complainant was standing infront of his, the petitioners abused him in filthy language and assaulted him wooden log and stone, the defacto complainant's father and his uncle interfered and prevent him, due to which, the the petitioners abused them in filthy language, assaulted them with wooden log and stones and criminally

intimidated them and also caused injuries on them. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the petitioners have not been committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. However, on instructions, he submits that the petitioners without prejudice to their rights,on their own volition, are ready to deposit a sum of Rs.40,000/- (Rs.5,000/- each) to the credit of Crime No.44 of 2022. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that the injured has been discharged and investigation was almost completed.

5. Considering the submissions made by both counsel and also considering that the injured has been discharged and investigation was almost completed and also the fact that the petitioners are ready to deposit a sum of Rs.40,000/- (Rs.5,000/- each) to the credit of Crime No.44 of 2022, this Court is inclined to grant anticipatory bail to the petitioners.

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 Court, Thiruvottriyur on condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition that: [a] the petitioners are directed to deposit a sum of Rs.40,000/- [Rupees Forty thousand only (Rs.5,000/- each)] to the credit of Crime No.

44 of 2022 before the concerned Magistrate within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and on such deposit, the defacto complainant is permitted to withdraw the said deposit amount of Rs.

[b] 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;

[c] the petitioners shall report before the respondent police on every Saturday at 10.30a.m for a period of four weeks and thereafter as and when required for an 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 has been imposed and the petitioners are 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;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

-sd/- 28/01/2022 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 COURT, THIRUVOTTRIYUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, M-5, ENNORE POLICE STATION, CHENNAI 600 057 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.VINOTH Advocate on payment of necessary charges Sr.1401 CRL OP.1806/2022 Date :28/01/2022 RVR 08/02/2022