Nithyanandan.B. v. State Rep By Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventeenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6249 of 2022 1 NITHYANANDAN B [ PETITIONERS / ACCUSED ] 2 THIRUMALAI 3 VASAN 4 M.MOHAN 5 K.RAJESH Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, B-3, KANCHI TALUK POLICE STATION, KANCHEEPURAM.

(CR.NO.527 OF 2021) For Petitioner : M/S.K.V.SRIDHARAN Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 294(b), 448 and 506(II) of IPC r/w. Section 4 of the T.N.P.H.W. Act in Crime No.527 of 2021, on the file of the respondent police, seek anticipatory bail.

2.

The petitioners are the staff of the financial institution who had gone to the defacto complainant's house in connection with the collection of the loan amount which was defaulted by the de facto complainant, in the course of the process of recovery, quarrel was erupted and the present complaint has been filed alleging that the petitioners along with others came to the house of the de facto complainant on 28.10.2020 and abused him badly and misbehaved with the lady members of the family, one among them tried to attack and the case has been registered under Sections 147, 294(b), 448 and 506(II)

of IPC r/w. Section 4 of the Tamil Nadu Prevention of Harassment of Women Act has been registered against this petitioner. Hence, the complaint.

3.

The learned counsel for the petitioner would submit that, the petitioners are staff of finance company, which has advanced loan of Rs.7,32,047/- to the de facto complainant for purchase of Innova car, having failed to pay the due, hence the said finance company initiated arbitration proceedings and award also passed. While so, de facto complainant to settle the dispute called the officers and went to the de facto complainant house and threatened them that they will burn them alive using petrol and also attacked the Manager of the company, in this circumstances, they have given complaint to the kancheepuram police station on 20.11.2020 in FIR. No. 2534, to counter blast the same, the present complaint has been lodged by the de facto complainant.

4.

This Court, after perusal of the FIR, it is a case and counter and further custody interrogation of the petitioners is not required, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.2, Kancheepuram, on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled 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 shall report before the Investigation Officer as and when required for 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 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]; and;

(f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 17/03/2022 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, NO.2, KANCHEEPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, B-3, KANCHI TALUK POLICE STATION, KANCHEEPURAM.

+1 CC to M/S.K.V.SRIDHARAN Advocate on payment of necessary charges SR.NO.4151 CRL OP.6249/2022 Date :17/03/2022 TA-23/03/2022