J.Mohan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11189 of 2021 1.J.Mohan 2.G.Venkatraman ... Petitioners Vs.
State rep. by, Inspector of Police, Minjur Police Station, Tiruvallur District.
(Crime No.486 of 2021) ... Respondent Prayer:
Petition filed under Section 438 of Cr.P.C., seeking to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.486 of 2021 on the file of the respondent police.
For Petitioners : Mr.S.Kumara Devan For Intervenor : Mr.Chandranathan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
O R D E R
The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294 (b), 323, 506(i) of I.P.C. in Cr.No.486 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that, the petitioners are alleged to have attacked the defacto complainant. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and that they have been falsely implicated in the case.
4.The learned counsel appearing for the intervenor submitted that the injured has not been discharged from the hospital and vehemently opposed for grant of anticipatory bail to the petitioners.
5.The learned Government Advocate (Criminal Side) submitted that the injured was treated as out patient.
6.Considering the fact that the injured was treated as out patient, this Court is inclined to grant anticipatory bail to the petitioners.
7.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 of receipt of a copy of this order, before the learned Judicial Magistrate II, Ponneri, 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 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 Court concerned 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. until further orders;
(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 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 02/07/2021 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 NO.II, PONNERI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MINJUR POLICE STATION, TIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.S.KUMARA DEVAN Advocate on payment of necessary charges SR NO.7010 CRL OP.11189/2021 Date :02/07/2021 MK:12/07/2021