Arulmoorthy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Second day of April Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.7445 of 2021 1 ARULMOORTHY [ PETITIONERS / ACCUSED ] 2 R.S.SRIDHAR 3 SRINATH 4 AMARNATH 5 TAMILANBAN 6 BABU 7 M.P.SIREN 8 VALI 9 DINESH @ DHEENA 10 PREMNATH 11 PRAVEENATH Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARAKKONAM POLICE STATION, RANIPET DISTRICT-632 401 (CR.NO.102/2021) For Petitioner : M/S.R. VARALAKSHMI 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, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 307 & 506(2) of IPC, in Crime No.102 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the de facto complainant, as a result of which, the petitioners are said to have attacked the de facto complainant and their relatives and caused simple injuries and there is a case in counter. The respondent police have registered FIR based on complaint given by both the sides in Cr.Nos.102 & 103 of 2021.

3. The learned Government Advocate (Crl. Side) submitted the victims have already been discharged from the hospital. The learned counsel further submitted that there are no previous cases pending against the petitioners.

4. Taking into consideration, the facts and circumstances of the case and also of the fact that the injured have already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. 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 on which the order copy made ready, before the learned Judicial Magistrate, Arakkonam, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner 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 stay at Tiruvannamalai and report before the Tiruvannamalai Town Police Station daily 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 229-A IPC.

-sd/- 22/04/2021 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, ARAKKONAM 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ARAKKONAM POLICE STATION, RANIPET DISTRICT-632 401 5 THE OFFICER INCHARGE, TIRUVANNAMALAI TOWN POLICE STATION, TIRUVANNAMALAI CC to M/S.R. VARALAKSHMI Advocate on payment of necessary charges Sr.5189 CRL OP.7445/2021 Date :22/04/2021 RVR 29/04/2021