D.Rajmohan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.10.2020 Coram THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15339 of 2020 1.D.Rajmohan, S/o. Dilli Male aged about 30 years No.2/34, Gandhi Nagar, Chengalpattu Karunilam Kancheepuram.

2. D.Ramachandran S/o.Dilli Male aged about 26 years No.2/34, Gandhi Nagar, Chengalpattu Karunilam, Kancheepuram.

... Petitioners/Accused -1&2 -vs State by:

The Inspector of Police, H3, Maraimalai Nagar Police Station, Kancheepuram.

(Crime No.4210/2020) ... Respondent Prayer:

Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on anticipatory bail in the event of arrest in Crime No.4210 of 2020 pending investigation on the file of the respondent Police.

1/6

For Petitioners : Mr.J.N.Naresh Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

ORDER

(This 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 294(b), 324 and 506(ii) of IPC r/w 4 of Women Harrassment Act in Crime No.4210 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel between the petitioners and the de-facto complainant, they abused and assaulted the defacto complainant. Hence the complaint.

3. The learned Counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 2/6

4. The learned Additional Public Prosecutor would submit that due to wordy quarrel, the petitioners attacked the de-facto complainant with knife and thereby caused head injury to the de-facto complainant. He would further submit that the injured has been discharged from the hospital and there is no previous case pending against the petitioners. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that there are no previous cases pending against the petitioners and that the victim has been discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions :

6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the copy of this order is made ready, the petitioners shall execute a separate 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 3/6

police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate - II, Chenglepet, 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 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].

4/6

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

7.With the above directions, this Criminal Original Petition is ordered.

06.10.2020 Index : Yes / No Internet : Yes / No vsi2 5/6

A.D.JAGADISH CHANDIRA, J.

vsi2 To 1.The Judicial Magistrate - No.II Chengalpet.

2.The Inspector of Police, H3, Maraimalai Nagar Police Station, Kancheepuram.

3. The Public Prosecutor, High Court, Chennai.

Crl.O.P.No.15339 of 2020 06.10.2020 6/6