Prabhu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:09.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.16085 of 2020 1.Prabhu 2.Balasubramaniyan 3.Vetri .. Petitioners Vs.

State rep. by The Station House Officer, V.Kalathur Police Station, PerambalurDistrict.

(Crime No.484 of 2020) ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.484 of 2020 pending investigation on the file of respondent.

For Petitioners : M.Subash 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 alleged offences under Sections 294(b), 355, 324, 506(ii) and 307 IPC of IPC, in Crime No.484 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between two groups. At that time, the defacto complainant attempted to pacify them. During which, the petitioners had attacked the defacto complainant and threatened him with dire consequences. Hence the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that a counter case was also filed by the petitioners in this regard in Crime No.483 of 2020. Hence, he prays to grant bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that there is a case in counter in Crime No.483 of 2020 and that the victim has already been discharged from the hospital. However, he opposed for grant of bail to the petitioners.

5. Taking into consideration, the facts and circumstances of the case and the submissions made by the learned counsel and also of 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, subject to the following conditions: a) 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, 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 police or the police officer who intends to arrest or to the satisfaction of the learned Judicial Magistrate Veppanthattai, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[b] 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. [c] the petitioners shall report before the respondent police every day at 10.30 a.m and 5.30 p.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.

[g] 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 09/10/2020 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, VAPPANTHATTAI 2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE STATION HOUSE OFFICER, V.KALATHUR POLICE STATION, PERAMBALUR DISTRICT.

CC to M/S. M.SUBASH Advocate on payment of necessary charges CRL OP.16085/2020 Date :09/10/2020 RVR 15/10/2020