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Madras High CourtCRL OP/11265/2021granted

Venkatesan v. State Rep By

2021-07-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11265 of 2021 1.Venkatesan, ... Petitioners 2.Suganraj, 3.Stepan @ Tamilselvan, 4.Nagarajan, 5.Settu @ Sethu, Vs.

State Rep by Inspector of Police, ... Respondent Latheri Police Station, Vellore District.

(Crime No.158/2021) PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioners on bail in the event of their arrest in Crime No.158 of 2021 on the file of the respondent police.

For Petitioners: Mr.E.Kannadasan For Respondent : Mr.A. Gopinath Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 324, 506(i) IPC in Crime No.158 of 2021 seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity the petitioners along with other accused had assaulted the defacto complainant thereby sustaining injuries. Hence, the defacto complainant has lodged a complaint against the petitioners. 3.The learned counsel appearing for the petitioners would submit that they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that the petitioners and the defacto complainant are the neighbours, due to previous enmity there was frequent quarrel between them. On the date of occurrence, the petitioners had scolded the father of the defacto complainant, when the same was questioned by the defacto complainant, the petitioners have attacked the defacto complainant, due to which, the defacto complainant sustained injuries He further submits that

the injured has been discharged from the hospital. However, he vehemently opposed for the grant of anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case and the injured was discharged from the hospital, 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, Katpadi on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- each (Rupees Ten Thousand Only), 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, KATPADI, 2 THE CHIEF JUDICIAL MAGISTRATE, VELLORE DISTRICT (FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, LATHERI POLICE STATION, VELLORE DISTRICT.

CC to M/S E.KANNADASAN Advocate on payment of necessary charges CRL OP.11265/2021 Date :01/07/2021 INBA 20/07/2021