Madhan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Seventeenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.6108 & 6110 of 2020 1 TAMIL SELVAN [ PETITIONERS / ACCUSED 2 SIVASANKARAN IN CRL.OP.NO.6108/2020] 3 MAHENDRAN 4 RAJA MADHAN [PETITIOENR/ACCUSED IN CRL.OP.NO.6110/2020] Vs THE STATE REP BY [ RESPONDENT NEEDAMANGALAM POLICE STATION, IN BOTH THE PETITIONS] THIRUVARUR DISTRICT ( CRIME NO. 56/2020) For Petitioner : M/S. S.SEKAR Advocate IN BOTH THE PETITIONS] For Respondent : MR.K.PRABAKAR ADDL. PUBLIC PROSECUTOR IN BOTH THE PETITIONS] 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 offences publishable under S e c t i o n s 14 7 , 14 8 , 29 4 ( b ) , 32 4 , 50 6 (ii) IP C an d 3(1) Ta m i l N a d u Pu bli c Pro p e r t y (Pre v e n t i o n of D a m a g e an d Lo s s ) A c t 19 9 0 , in Cri m e N o. 5 6 of 20 2 0 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners attacked the defacto complainant and his mother with iron rod and stick and also damaged his vehicle. Hence, the complaint.
3. The learned Counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that there is a case in counter in Crime No.57 of 2020. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor submitted that the petitioners attacked the defacto complainant and his mother and also caused damage to his car window. Hence, he opposed for the grant of anticipatory bail to the petitioners.
5. Taking into consideration, the facts and circumstances of the case and the fact that there is a case in counter, this Court deems it appropriate to grant anticipatory bail to the petitioners subject to the following conditions;
6. Accordingly, the petitioners are directed to deposit a sum of R s. 5 , 0 0 0/- (Ru p e e s Fiv e Th o u s a n d O nl y ) ea c h , to th e cre d i t of Cri m e N o. 5 6 of 20 2 0 and on such deposit, 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 on which the order copy made ready, before the lear n e d Di s tri c t M u n s i f - cu m - Ju d i c i a l M a g i s t r a t e , N e e d a m a n g a l a m , on condition that the petitioners shall execute a separate bond for a sum of R s. 1 0 , 0 0 0 / - (Ru p e e s Te n Th o u s a n d only) with 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] th e petiti o n e r s sh a ll de p o s i t a su m of R s. 5 , 0 0 0/- (Ru p e e s Fiv e Th o u s a n d O nl y ) ea c h , to the cre d i t of Cri m e N o. 5 6 of 20 2 0 bef or e the lear n e d M a g i s t r a t e .
[c] th e petiti o n e r s sh a ll rep or t bef or e the re s p o n d e n t poli c e daily at 10. 3 0 a. m . until furth e r ord e r s . [d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P. K . S h a j i vs. St a t e of K er a l a [(2 0 0 5 ) A I R S C W 55 6 0 ] . [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
-sd/- 17/03/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEEDAMANGALAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, NEEDAMANGALAM POLICE STATION, THIRUVARUR DISTRICT
+2 CC to M/S. S.SEKAR Advocate on payment of necessary charges SR.NO. 5180,5181 CRL OP.6108 & 6110/2020 Date :17/03/2020 RD 20/03/2020