Murugesan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED :11.06.2020

CORAM

THE HONOURABLE MR.JUSTICE.N.ANAND VENKATESH Crl.O.P.No.8485 of 2020 1.Murugesan

...Petitioners

2.Arjunan 3.Vijayakumar 4.Vijay 5.Sankar 6.Ajith @ Ajithkumar vs.

State rep. By

...Respondent

The Inspector of Police Orathi Police Station, Kancheepuram District.

(Crime No.241 of 2020) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C. to enlarge the petitioners on bail in the event of their arrest in connection with Crime No. 241 of 2020 on the file of the Inspector of Police, Kancheepuram District.

For Petitioners : Mr.R.Thirumoorthy For Respondent : Mr. M. Mohammed Riyaz Additional Public Prosecutor

ORDER

The petitioners/A1 to A6, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323, 324 and 506(ii) of I.P.C in Crime No.241 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the accused persons, who are neighbours of the defacto complainant are said to have criminally intimated, verbally abused and attacked the defacto complainant.

3.

Mr.Mohammed Riyaz, learned Additional Public Prosecutor appearing on behalf of the respondent, submitted that A6 was arrested and was later enlarged on bail. The learned counsel further submitted that the injured has been discharged from the hospital and there are no previous case against the petitioners.

4.

Taking into consideration the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Maduranthagam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties and those are common 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 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 are directed to appear before the respondent, as and when required.

[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 petitioner 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 persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 11/06/2020 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, MADURANTHAGAM

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

4 THE INSPECTOR OF POLICE, ORATHI POLICE STATION, KANCHEEPURAM DISTRICT.

CC to M/S.R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.8485/2020 Date :11/06/2020 TA-17/07/2020