Sethu Raja Elavazhagan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Saturday, the Seventeenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7133 of 2021 1 SETHU RAJA ELAVAZHAGAN [ PETITIONERS / ACCUSED ] 2 ELANGOVAN 3 JEYAKUMAR Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ORAGADAM POLICE STATION, KANCHEEPURAM DISTRICT.

CR.NO.98 OF 2021.

For Petitioner : M/S. G.BALAMANIKANDAN Advocate For Respondent : MR.T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners / A1 to A3, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294 (b), 323 and 506(i) I.P.C., in Crime No.98 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a wordy quarrel arose between the petitioners and the defacto complainant, following which, the petitioners abused the defacto complainant and threatened him with dire consequences. Hence the complaint. 3.

The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent / complainant would submit that the 1st petitioner/ A1 having six previous cases (hurt case) of similar in nature to his credit and that the petitioners/ A2 & A3 has no previous cases pending against them. However, he would oppose for grant of anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and that the 1st petitioner has six previous cases (hurt cases) of similar in nature and the 2nd and 3rd petitioners have no previous cases pending against them, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of their 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, Sriperumbudur, Kancheepuram District on condition that each petitioner 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 to the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 shall report before the respondent police on every Monday at 10.30 a.m. for a period of four 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 anticipatory 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;

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

-sd/- 17/04/2021 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, SRIPERUMBUDUR, KANCHEEPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, ORAGADAM POLICE STATION, KANCHEEPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. G.BALAMANIKANDAN Advocate on payment of necessary charges Sr.4975 CRL OP.7133/2021 Date :17/04/2021 RVR 22/04/2021