M.Mohan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11179 of 2021 1.M.Mohan 2.M.Elumalai 3.M.Babu ... Petitioners Vs.

State rep. by The Inspector of Police, Nasarathpet Police Station, Meppur, Tiruvallur.

(Crime No.420 of 2021) ... Respondent Prayer:

Petition filed under Section 438 of Cr.P.C., seeking to enlarge the petitioners on the bail in the event of their arrest in Crime No.420 of 2021 on the file of the Inspector of Police, Nasarathpet Police Station, Ambattur District.

For Petitioners : Mr.R.Ashraf Khan For Respondent : Mr.C.E.Pratap 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 341, 423 of I.P.C. along with Section 4 of Women Harassment Act in Cr.No.420 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 abused the defacto complainant in filthy language and attacked the woman standing nearby.

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 Government Advocate (Criminal Side) submitted that the injured was treated as out patient.

5.Considering the fact that the injured was treated as out patient, this Court is inclined to grant anticipatory bail to the petitioners.

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 of receipt of a copy of this order, before the learned Judicial Magistrate 1, Poonamallee, 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. 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 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/- 01/07/2021 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.I, POONAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, NASARATHPET POLICE STATION, MEPPUR, TIRUVALLUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.R.ASHRAF KHAN Advocate on payment of necessary charges SR NO.7007 CRL OP.11179/2021 Date :01/07/2021 MK:13/07/2021