D.Gurumurthy v. State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11997 of 2022 1 D.GURUMURTHY [ PETITIONERS / ACCUSED ] 2 K.BALAJI Vs STATE BY INSPECTOR OF POLICE [ RESPONDENT ] M1-MADHAVARAM POLICE STATION, CHENNAI.

CRIME NO.452/2022 For Petitioner : M/S.K.CHANDRU Advocate For Respondent : M/S. A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR 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 294(b), 448 & 506(1) IPC in Crime No.452 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is running Tasmac Bar Shop No.8701 under lease agreement. The building owner one Xavier Raj has handed over the lease premises even before the expiry of lease agreement to the petitioners herein. On 14.05.2022 around 3.p.m. when the defacto complainant went to the shop, the petitioners along with hooligans stopped and threatened the defacto complainant with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners undertakes to co-operate with the investigation and they will neither tamper with the witnesses nor hamper with the investigation and they will offer substantial sureties and will abide by any condition that may be imposed upon them. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that due to dispute between the petitioners and the defacto complainant with regard to lease premises to run Tasmac Bar, the petitioners along with hooligans threatened the defacto complainant with dire consequences. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case and also considering the fact that the dispute with regard to lease agreement between them, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

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, Madhavaram, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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

-sd/- 19/05/2022 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, MADHAVARAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 INSPECTOR OF POLICE M1-MADHAVARAM POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.CHANDRU Advocate on payment of necessary charges Sr.7305 CRL OP.11997/2022 Date :19/05/2022 RVR 24/05/2022