M.Ramesh v. Inspector Of Police (Law And Order)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7424 of 2021 1 M.RAMESH [ PETITIONERS / ACCUSED ] 2 PRAVAKAR MAJUMDER Vs INSPECTOR OF POLICE (LAW AND ORDER) [ RESPONDENT ] J8, NEELANKARAI POLICE STATION, CHENNAI - 600 041.

CRIME NO.112/2021 For Petitioner : M/S. D.BALAJI Advocate For Respondent : MR.T.SHUNMUGARAJESWARAN, Government 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 at the hands of the respondent police for the alleged offences under Sections 365, 342, 324, 506(i) R/W 34 of IPC in Crime No.112 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the de-facto complainant is running a manpower agency in the name of SMPC Management Manpower Agency for the past 10 years. In the month of February, one Iman Hussain and Alamkir Hussain, who are North Indians joined in the defacto complainant agency as house keepers and they have been sent to Vasantha Bhavan hotel for doing house keeping. On the date of occurrence, the petitioners along with other accused kidnapped the said Iman Hussain and Alamkir Hussain and attacked them with iron box and also threatened them with dire consequences and thereby, the victims sustained injuries. Based on the complaint given by the defacto complainant, a case has been registered.

3. The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He would further submit that the similarly placed co-accused have been

released on bail and hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) would submit that the victims have been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also taking note of the fact the victims have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

6. 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 No.II, Alandur, on condition that the petitioners shall execute 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 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 for a period of two weeks and thereafter, as and when required for interrogation.

(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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 27/04/2021 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, NO.II, ALANDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE (LAW AND ORDER), J8, NEELANKARAI POLICE STATION, CHENNAI - 600 041.

+1 CC to M/S. D.BALAJI Advocate on payment of necessary charges SR.No.5394 CRL OP.7424/2021 Date :27/04/2021 cs 28/04/2021