Gnanavel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.4986 of 2021

1. Gnanavel

2. Gunasekar ... Petitioners Vs.

State rep. by The Inspector of Police, Thiruvannamalai Taluk Police Station, (Crime No.107 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.107 of 2021 on the file of Respondent police. For Petitioner : Mr.T.Shanmugam For Respondent : Mr.M.Prabhavathi, Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners are arrayed as A1 and A2. The petitioners, who were arrested and remanded to judicial custody on 24.02.2021 for the offence punishable under Sections 294(b), 342, 364(A), 506(i) of I.P.C. in Crime No.107 of 2021 on the file of respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant's brother has received money from the petitioners on the guise of securing employment. Hence, earlier, a complaint has been given and they were arrested. Thereafter, the petitioners and others said to have demanded money from him and when he refused to give, the petitioners said to have criminally intimidated him. Hence, a criminal case has been registered, and the petitioners were arrested and remanded to judicial custody on 24.02.2021. Now, this petition has been filed seeking for bail.

3. The learned counsel appearing for petitioners would submit that the defacto complainant's brother has received money on the guise of job racketing. When they have demanded money, there is a wordy quarrel. He would submit that they are innocent persons and they have been falsely implicated in this case. He would submit that they were arrested on 24.02.2021 and they were in jail for more than one month. Therefore, he prayed to grant bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that due to money dispute, there is a wordy quarrel between the parties when the petitioners demanded money from the defacto complainant. She would submit that the investigation is almost completed. Hence, she opposed to grant bail to the petitioner.

5. Taking into consideration of the fact that due to money dispute, there was a wordy quarrel between the parties, investigation is almost completed and also considering the period of incarceration suffered by the petitioners from 24.02.2021, this Court is inclined to grant bail to the petitioners subject to the following conditions: (a) Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond 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 learned Judicial Magistrate No.2, Thiruvannamalai and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioners, after their release from prison, shall report before the respondent police as and when required for interrogation;

(d) the petitioners shall not commit any offences of similar nature;

(e) the petitioners shall not abscond either during investigation or trial;

(f) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(g) on breach of any of the aforesaid conditions, the learned Judicial 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];

(h) 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/- 15/03/2021 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.2, THIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, THIRUVANNAMALAI TALUK POLICE STATION.

+1 CC to M/S.T.SHANMUGAM Advocate on payment of necessary charges SR.No.3367 CRL OP.4986/2021 Date :15/03/2021 cs 16/03/2021