Rajmogan v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.02.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3214 of 2021 1.Rajmogan 2.Karthikeyan ... Petitioners Vs.
State rep. by its The Inspector of Police, Neelangarai Police Station, Chennai.
(Crime No.53 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest in Cr.No.53 of 2021 on the file of the respondent police.
For Petitioners : Mr.A.Karthikeyan For Respondent : Mr.S.Karthikeyan, APP
O R D E R
(The case has been heard through video conference) The petitioners apprehend arrest at the hands of respondent police for the offence punishable under Sections 324, and 506(2) of I.P.C. in Crime No.53 of 2021 on the file of respondent police and now, they have filed the above petition seeking for anticipatory bail.
2. The case of the prosecution is that due to a land dispute, there was a wordy quarrel between the petitioners and the defacto complainant, as a result of which, they said to have attacked the defacto complainant, thereby caused injury to him. In the said circumstances, the criminal case has been registered against them and now, they are seeking anticipatory bail.
3. The learned counsel appearing for petitioners would submit that they are innocent persons, they are no way connected with the offence as alleged in the complaint 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 submitted that now the investigation is also completed and the injured was discharged from the hospital. He would submit that there is no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration of the fact that the occurrence was taken place due to a wordy quarrel between the parties, the injured was discharged from the hospital, and there is no bad antecedents against the petitioners, 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 No.II, Alandur on condition that the petitioners shall execute a separate bond for a sum of Rs.
[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.
7. With the above directions, this Criminal Original Petition is ordered.
-sd/- 24/02/2021 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, ALANDUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, NEELANGARAI POLICE STATION, CHENNAI.
+1 CC to M/S.A.KARTHIKEYAN Advocate on payment of necessary charges SR.No.2306 CRL OP.3214/2021 Date :24/02/2021 cs 04/03/2021