T.Ramesh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Seventh day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.6208 of 2021 1 T.RAMESH [ PETITIONERS / ACCUSED ] 2 KUMAR .G Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KUNDADAM POLICE STATION, TIRUPPUR DISTRICT.

CR.NO.107 OF 2021.

For Petitioner : M/S. C.S.SARAVANAN Advocate For Respondent : MR. K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR 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 offence under Sections 294(b) 324, 354, 448, 506(ii) of I.P.C in Crime No.107 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners were engaged in the process of preparing liquor and the husband of the defacto complainant who is a news reporter is said to have broadcast the occurrence in the media, due to which the petitioners said to have attacked the husband of the defacto complainant with machete and caused grievous injuries to him.

Hence the wife of the victim filed a complaint before the law enforcing agency against the petitioners. 3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submits that due to some previous enmity the petitioners are said to have attacked the husband of the defacto complainant with machete and caused grievous

injuries to him. He would further submit that the injured has been discharged from the hospital and there is no previous case pending against the petitioners. However he vehemently opposed grant of anticipatory bail to the petitioners.

6. Taking into consideration the submission advanced by the learned counsel appearing on either side and further the victim has been discharged from the hospital and there being no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

7.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, Dharapuram on condition that 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 respondent police daily at 10:30 a.m until further orders.

(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 petitioner 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 07/04/2021 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, DHARAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, KUNDADAM POLICE STATION, TIRUPPUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.6208/2021 Date :07/04/2021 RVR 23/04/2021