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Madras High CourtCRL OP/12396/2021granted

Vasu v. State Rep By

2021-07-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.12396 of 2021

1. Vasu

...Petitioners

2. Malliga

3. Murali

4. Ravindran

Versus

The State rep by its

...Respondent

The Station House Officer, T-14, Mangadu Police Station, Mangadu, Kancheepuram District.

Chennai-600 122.

(Crime No.697 of 2021) PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of his arrest by the Respondent Police pending investigation in Crime No.697 of 2021 on the file of the respondent Police. For Petitioners : M/s.B.Sridhar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 324, and 506(ii) of IPC, in Crime No.697 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there was wordy quarry between the petitioners and the defacto complainant, as a result of which the petitioners attacked the defacto complainant and caused injuries. Hence, the complaint was registered. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and he they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that petitioners along with other accused persons had attacked the defacto complainant and caused simple injury. He further submit that the defacto complainant was treated only as out patient. However, he opposed for grant of anticipatory bail to the petitioners. 5.Considering the fact that the defacto complainant was treated only as out patient and there is no previous case pending as against the petitioners, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the District Munsif cum Judicial Magistrate, Sriperumbadur, Kanchipuram District, on condition that the petitioners 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 and on further condition that:

(a) if the petitioners fail to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) 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; (c) 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. (d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners shall not abscond either during investigation or trial;

(f) 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;

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 16/07/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, SRIPERUMBADUR, KANCHIPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, T-14, MANGADU POLICE STATION, MANGADU, KANCHEEPURAM DISTRICT.

CHENNAI-600 122.

+1 CC to M/S.B.SRIDHAR Advocate on payment of necessary charges SR.NO.7578 CRL OP.12396/2021 Date :16/07/2021 TA-16/08/2021