B.Manoharan v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2020
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13956 of 2020
1. B.Manoharan
2. B.Ravichandran
3. B.Kumar
4. R.Naveen
5. R.Praveen
6. Fakrudeen ... Petitioners Vs.
The State rep. By its The Inspector of Police Shevapet police Station, Salem Citry (Crime No.888 of 20200 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners in the event of arrest in Crime No.888 of 2020 on the file of the respondent police. For Petitioners : Mr.E.C.Ramesh For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(2) IPC in Crime No.888 of 2020, seek anticipatory bail.
2. The case of the prosecution is that the defacto complainant and the 1st petitioner are neighbouring shop owners and there was some dispute in respect of using common place of
their shops. While so, on 25.07.2020 at about 6.30 a.m. there was a wordy quarrel between the petitioners and the defacto complainant during which, the petitioners abused and attacked the defacto complainant with iron rod and broken his teeth. Hence, the complaint.
3. The learned Counsel for the petitioners would submit that the petitioners are innocent and due to previous enmity a false complaint has been given. In fact the defacto complainant and his son Nagarjuna along with others, attacked the petitioners and based on the complaint was given by the petitioners' side, a case has been registered against the defacto complainant in Crime No.887 of 2020. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the injured has been discharged from the hospital and there is no previous case against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case and the fact that the injured has been discharged from the hospital and there is a case in counter, 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 after lifting of lockdown or the commencement of Court's normal functioning whichever is earlier, before the learned Judicial Magistrate-III, Salem, on condition that each petitioner shall execute a bond for a sum of Rs.10,000/- (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, 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, every Monday 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].
[f] If the accused thereafter abscond/s, a fresh FIR can be registered under Section 229A IPC.
-sd/- 09/09/2020 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-III, SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, SHEVAPET POLICE STATION, SALEM CITY +1 CC to M/S.E.C.RAMESH Advocate on payment of necessary charges SR.NO.6179 CRL OP.13956/2020 Date :09/09/2020 GKS:17/09/2020