M.Ananthan v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12600 of 2020 1.M.ANANTHAN 2.AJITH 3.G.BABU ... petitioners Vs.

State Rep. by The Sub Inspector of Police D-1, Triplicane Police Station Chennai (Crime No.705 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.705 of 2020 pending on the file of the respondent police.

For Petitioners : Mr.K.Sarath Kumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 31.07.2020 for the offences punishable under Section 147, 148, 341, 294(b), 324, 307 & 506(ii) IPC. in Crime No.705 of 2020, seek bail.

2.The case of the prosecution is that due to business rivalry in earth moving and its related work from Coovam river, the petitioners have assaulted the defacto complainant with knife on the head, shoulder and face.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that even as per the complaint, there was a business rivalry between the petitioners and the defacto complainant party, thereby, a false complaint has been foisted against them. He would further submit that the petitioners were arrested on 31.07.2020. He would further submit that the injured has been discharged.

4.The learned Government Advocate (Crl. Side) would submit that due to business rivalry, the petitioners have assaulted the defacto complainant with knife, causing injuries on the head, shoulder and face of the defacto complainant. He would further submit that the injured has been discharged from the hospital and there is no previous cases against the petitioners. 5.Taking into consideration of the facts and circumstances and also considering the submissions made by the learned counsels, and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners subject to the following conditions:

(a) Accordingly, the petitioners are ordered to be released on bail on condition to execute their own bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the Superintendent of the concerned prison, in which the petitioners have been confined and thereafter on their release; (b) Thereafter, the petitioners shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned II Metropolitan Magistrate, Egmore, Chennai, within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, failing which the bail granted by this Court shall stand dismissed automatically;

(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d) the petitioners on their release from prison, shall report before the respondent police everyday at 10:30 a.m until further orders.

(e) the petitioners shall not commit any offences of similar nature;

(f) the petitioners shall not abscond either during investigation or trial;

(g) the petitioners shall not tamper with evidence or witness either during investigation or trial; (h) on breach of any of the aforesaid conditions, the learned Judicial 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];

(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 18/08/2020 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 METROPOLITAN MAGISTRATE NO.II, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE JAILER, SUB-JAIL, CHENGALPATTU.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUB INSPECTOR OF POLICE D-1 TRIPLICANE POLICE STATION, CHENNAI.

CC to M/S P.BARATH Advocate on payment of necessary charges CRL OP.12600/2020 Date :18/08/2020 MK:02/09/2020