Robert@ Rajmohan (A1) v. The Special Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifth day of May Two Thousand Twenty One PRESENT The Hon`ble Ms Justice R.N. MANJULA CRIMINAL ORIGINAL PETITION No.8393 of 2021 1 ROBERT @ RAJMOHAN [ PETITIONER / ACCUSED ] 2 DARWIN @ RAHULRAJ 3 THAMARAI SELVI 4 SHEELA 5 PACHAIAMMAL @ FATHIMA 6 SAARAAL Vs THE SPECIAL SUB-INSPECTOR OF POLICE, [ RESPONDENT ] SUNGUVACHATIRAM POLICE STATION, SRIPERUMBUDUR TALUK, KANCHIPURAM DISTRICT.

For Petitioner : M/S.S.BASKARAN 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 (A-1 to A-6), who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 341, 324 and 506(ii) of IPC in Crime No.271 of 2021, seek anticipatory bail.

2. The case of the prosecution is that due to land dispute, the petitioners assaulted the de facto complainant with wooden log and also threatened him with knife. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) would submit that the petitioners attacked the de facto complainant and there is a case in counter in Crime No.270 of 2021 and hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration, the facts and circumstances of the case and the submissions made by the learned counsels and also of the fact that there is a case in counter, 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 copy of this order is made ready, 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 Judicial Magistrate, Sriperumbudur, Kanchipuram, 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 shall report before the respondent police as and when required for interrogation.

[c] the petitioners shall not come in the vicinity of the de facto complainant wantonly.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 05/05/2021 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, KANCIPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE KANCHIPURAM DISTRICT. (FOR INFORMATION) 3 THE SPECIAL SUB-INSPECTOR OFBPOLICE, SUNGUVACHATIRAM POLICE STATION, SRIPERUMBUDUR TALUK, KANCHIPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS, CHENNAI.

+ 2 CC to M/S.S.BASKARAN Advocate on payment of necessary charges SR.No. 5776 CRL OP.8393/2021 Date :05/05/2021 RG.10.05.2021