Dinesh Kumar v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6868 of 2020 1.Dinesh Kumar, M/22 years, S/o.Jayaraman, Murugampalayam, Mettupalayam Post, Thiruthuraipoondi, Tiruvarur District.
2.K.Jayaraman, M/55 years, S/o.Kannaiyan, Murugampalayam, Mettupalayam Post, Thiruthuraipoondi, Tiruvarur District.
... Petitioners/Accused 1 & 2 Vs.
The State represented by, The Inspector of Police, Thiruthuraipoondi Police Station, Tiruvarur District.
(Crime No.104 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest by the respondent police, pending investigation of the case in Crime No. 104 of 2020, on the file of the respondent.
For Petitioners : Mr.M.Vijayaragavan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) and 506(ii) of IPC in Crime No.104 of 2020, on the file of the respondent police, seek anticipatory bail.
The case of the prosecution as per the defacto complainant viz., Ajay is that petitioners have abused him in filthy language and criminally intimidated him. Hence, the complaint. The learned counsel for the petitioners would submit that the petitioners are innocent persons and that a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners.
The learned Additional Public Prosecutor appearing for the respondent would submit that petitioners have abused the defacto complainant in filthy language and criminally intimidated him. Hence, he opposed for grant of anticipatory bail to the petitioners. Taking into consideration the facts and submissions made by the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions; Accordingly, the petitioners are directed to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Tiruthuraipoondi, on condition that each petitioner shall execute a separate bond for a sum of Rs.
[a] the petitioners 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] the petitioners shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter every Monday 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.
With the above directions, this Criminal Original Petition is ordered.
-sd/- 02/09/2020 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, TIRUTHURAIPOONDI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, THIRUTHURAIPOONDI POLICE STATION, TIRUVARUR DISTRICT.
CC to M/S. M.VIJAYA RAGAVAN Advocate on payment of necessary charges CRL OP.6868/2020 Date :02/09/2020 RD 14/09/2020