A.Suryaprakash v. State Reb By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Nineteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7186 of 2021 1 A.SURYAPRAKASH [ PETITIONERS / ACCUSED ] 2 JEEVA @ JEEVANANTHAM 3 KUMARESAN 4 RAMACHANDRAN 5 RAHAVAN 6 KARAN 7 ARUNACHALAM Vs STATE REB BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VELUR POLICE STATION, PARAMATHI VELUR, NAMAKKAL DISTRICT.
(CRIME NO.351 OF 2021) For Petitioner : M/S.M.MARIMUTHU 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 offence under Sections 147, 148, 294(b), 323, 324, 307 of IPC and 3(1) of PPDL Act, in Crime No.351 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 in a temple festival between the petitioners and the defacto complainant's groups, as a result of which, the petitioners said to have attacked the defacto complainant and caused injuries. Hence, the complaint was registered.
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. He would further submit that the petitioners have given a complaint before the respondent police in Crime No.352 of 2021 against the defacto complainant and it is a case in counter. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) would submit that there is a case in counter in Crime Nos.351 & 352 of 2021 have been registered by the respondent police. He further submitted that there are no previous case pending against the petitioners. He would further submit that the injured person is an out-patient. However, he vehemently opposed grant of anticipatory bail to the petitioners. 5.
Considering the facts and circumstances of the case that it is a case in counter and the injured person is an out-patient, this Court is inclined to grant anticipatory bail to the petitioners. 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, Paramathi, Namakkal District, on condition that each of the 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 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.
(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/- 19/04/2021 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, PARAMATHI, NAMAKKAL DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VELUR POLICE STATION, PARAMATHI VELUR, NAMAKKAL DISTRICT.
+2 CC to M/S.M.MARIMUTHU Advocate on payment of necessary charges SR.No.5090 CRL OP.7186/2021 Date :19/04/2021 cs 28/04/2021