Inbhavalli v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.05.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.9521 of 2021

1. Inbhavalli

2. Kokila

3. Aravind

4. Sugumar ... Petitioners -vsState rep. by Inspector of Police, N-1 Royapuram Police Station, Chennai.

(Crime No.163 of 2021) ... Respondent Prayer: The Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on Anticipatory bail in event of the arrest in connection with the case in Crime No.163 of 2021 on the file of the respondent police herein. For Petitioners : Mr. R.Mukesh Kannah For Respondent : Mr.J.C.Durairaj, Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest for the alleged offences under Sections 294(b), 341, 323, 324, 379, 506(ii), 149 of I.P.C. in Crime No.163 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The learned counsel for the petitioners would submit that a false complaint has been lodged against the petitioners and they have not connected with the crime as alleged by the prosecution. Hence, he prays to grant of anticipatory bail to the petitioners.

3. The learned Government Advocate (Crl.Side) would submit that due to previous enmity, there was a wordy quarrel between the petitioners and the defacto complainant, in which, the petitioners have assaulted the defacto complainant with blade and hands and also taken away a sum of Rs.3600/- from her, thereby, she sustained injuries and now, the injured was discharged from the hospital. He would further submit that there is no previous case pending against the petitioners. Hence, he would vehemently oppose to grant of anticipatory bail to the petitioners.

4. This Court considered the submissions made by the learned counsel for all the parties concerned and also perused the F.I.R. 5.The Supreme Court has laid down the law regarding grant of anticipatory bail in the case of Gurbaksh Singh Vs. State (AIR 1980 SC 1632) and considering the fact that the custodial interrogation of the petitioners are not necessary and the fact that there is no apprehension that the petitioners may abscond, the petitioners are granted anticipatory bail in the event of arrest or on their appearance, before the learned XVI Metropolitan Magistrate, George Town, Chennai, on condition that the petitioners shall execute own bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, within a period of one month from the date of normal functioning of the Court below, and further condition that:

[a] the petitioners shall make themselves available for interrogation by a police officer as and when required; [b] the petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

[c] the petitioners shall not leave India without the previous permission of the Court;

[d] the petitioners shall appear before the Court below, whenever required.

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

[g] 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].

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

-sd/- 20/05/2021 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 METROPOLITAN MAGISTRATE NO.XVI, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE N-1, ROYAPURAM POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.R.MUKESH KANNAH Advocate on payment of necessary charges CRL OP.9521/2021 Date :20/05/2021 MK:06/07/2021