Babu v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixteenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.5939 of 2020 1 BABU [ PETITIONERS / ACCUSED ] 2 THANIRAJAN 3 SILAMBARASAN Vs THE STATE REP. BY [ RESPONDENT ] STATION HOUSE OFFICER, ANDIMADAM POLICE STATION, ARIYALUR DISTRICT, CRIME NO.53 OF 2020.

For Petitioner : M/S. M.SELVAM Advocate For Respondent : MR.K.PRABAKAR ADDL. PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- 1.The Petitioners herein, apprehending arrest at the hands of the Respondent Police, for having allegedly committed the offences punishable under Sections 294(b), 324 and 506(ii) of IPC in Cr.No.53 of 2020, have filed this Criminal Original Petition, under Section 438 of Cr.PC, seeking anticipatory bail. 2.The facts of the case of the Prosecution are that due to previous enmity relating to election dispute, the Petitioners have assaulted the defacto complainant. Hence, the Petitioners have been implicated as A3, A2 and A1 respectively, in the case on hand.

3.This court heard the learned counsel for the Petitioners and the learned Additional Public Prosecutor for the Respondent and also perused the materials placed before this Court. 4.According to the Petitioners, the Petitioners are innocent and they have been falsely implicated in the case on hand. There is no previous case against them. The Petitioners would abide by any

conditions to be imposed by this Court for enlarging the Petitioners on anticipatory bail.

5.On the other hand, the learned Additional Public Prosecutor, while vehemently opposing to grant anticipatory bail, would submit that the Petitioners have assaulted the defacto complainant and there is no previous case against the Petitioners.

6.Considering the facts and circumstances of the case and the submissions of the learned counsel on either side, this Court is inclined to grant anticipatory bail in favour of the Petitioners, however, on stringent conditions. Accordingly, the Petitioners are hereby ordered to be released on anticipatory bail, in the event of their arrest or on their appearance before the Judicial Magistrate II, Jayamkondam, Ariyalur, within 15 days from the date of receipt of a copy of this order and further on each of the Petitioners complying with the following conditions, without fail:- i. If the Petitioners fail to surrender before the Judicial Magistrate II, Jayamkondam, Ariyalur, within a period of 15 days, from the date of receipt of a copy of this order, this order shall stand automatically cancelled, without any further reference to this Court.

ii.Each of the Petitioners 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 Judicial Magistrate II, Jayamkondam, Ariyalur. The sureties shall affix their Photographs and Left Thumb Impressions in the surety bonds and the said Magistrate may obtain copies of their Aadhar Cards or Bank Pass Books to ensure their identities.

iii.The Petitioners shall report before the Respondent Police, daily at 10.30 a.m. until further orders.

iv.The Petitioners shall not abscond either during the investigation or the trial. The Petitioners shall not tamper with evidence or witness, either during the investigation or the trial.

v. On breach of any of the aforesaid conditions, the concerned 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 are released on bail, by the concerned Trial Court itself, as laid down in the decision of the Honourable Supreme Court reported in 2005 AIR SCW 5560 (P.K.Shaji Vs. State of Kerala).

vi. If the Petitioners, thereafter, abscond, a fresh First Information Report shall be registered, under Section 229A of IPC.

-sd/- 16/03/2020 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, JAYAMKONDAM, ARIYALUR 2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, ANDIMADAM POLICE STATION, ARIYALUR DISTRICT, +1 CC to M/S. M.SELVAM Advocate on payment of necessary charges SR.NO. 5133 CRL OP.5939/2020 Date :16/03/2020 RD 20/03/2020