Suresh @ P.V.Kalathur Suresh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12498 of 2022 1 SURESH @ P.V.KALATHUR SURESH [ PETITIONERS / ACCUSED ] 2 MAGESH @ ALAVOY MAGESH Vs THE INSPECTOR OF POLICE [ RESPONDENT ] CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU, CRIME NO.55 OF 2022 For Petitioner : M/S.L.RAMU Advocate For Respondent : M/S R.S.NIRANJAN Advocate for Mr.C.E.Pratap Government Advocate (Crl. Side) 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), 353, and, 506(ii) IPC and Section 25(1B)(b) Arms Act, 1959, in Crime No.55 of 2022, seek anticipatory bail.

2. The case of the prosecution is that on 29.01.2022, while the respondent Police conducted vehicle check up, the petitioners along with co-accused had picked up quarrel with the respondent police and used filthy language against them and escaped from the scene of occurrence. Hence, the complaint.

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

4. The learned Government Advocate (Crl.Side) would submit that the 1st petitioners has eight previous cases and the 2nd petitioner has three previous cases and hence he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case and since the offences are not heinous in nature, 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, No.II, Chengalpet, 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 three 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 26/05/2022 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, NO.II, CHENGALPET 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET(FOR INFORMATION) 3 THE INSPECTOR OF POLICE CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.L.RAMU Advocate on payment of necessary charges Sr.8063 CRL OP.12498/2022 Date :26/05/2022 RVR 27/05/2022