Rakesh v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.6762 of 2021 1 RAKESH [ PETITIONERS / ACCUSED ] 2 RAVI 3 VARALAKSHMI Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUMULLAIVOYAL POLICE STATION, CHENNAI.

CR.NO.132 OF 2021.

For Petitioner : M/S. K.J.SARAVANAN Advocate For Respondent : M/S P.KARITIKA KAMAL, 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 for the alleged offences under Section 324, 341, 294(b) and 506 of IPC in Crime No.132 of 2021, on the file of the respondent police, seek anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that, due to previous enmity between the defacto complainant and the petitioners, the petitioners said to have abused the defacto complainant and attacked him and caused injuries. Hence, the complaint.

4. The learned counsel for the petitioners would submit that the petitioners did not commit any mistake as alleged by the prosecution they have been falsely implicated in this case. He further submitted the petitioners and the defacto complainant are family members. Hence, he seeks for grant of anticipatory bail to the petitioners.

5.The learned Government Advocate (Criminal Side) appearing for the State would submit that there was a dispute between the petitioner and the defacto complainant and there was a wordy quarrel in between them. He further stated that the injured has discharged from the hospital and no previous case is pending against the petitioners.

6.Taking into consideration the facts and circumstances of the case and also the submission made by the learned Government Advocate (Crl.side) that the injured has been discharged from the hospital and also that no previous case is pending as against the petitioners, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Ambattur, within a period of 15 days from the date of receipt of a copy of this order, on their executing a separate 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 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] the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 15/04/2021 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, AMBATTUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, THIRUMULLAIVOYAL POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. K.J.SARAVANAN Advocate on payment of necessary charges Sr.4763 CRL OP.6762/2021 Date :15/04/2021 RVR 21/04/2021