Arivunidhi v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 16539 of 2020 1.Arivunidhi ... Petitioners/ Accused 2.Shiva Shankar Ranking not known Vs.

The State represented by, ... Respondent/Complainant The Inspector of Police, H-3, Tondiarpet Police Station, Chennai.

[Crime No. 209 of 2019] Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No. 209 of 2019, on the file of the respondent police.

For Petitioners : Mr.D.Gopikrishnan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(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 341, 324 altered to 341, 324 and 506(ii) of IPC, in Crime No. 209 of 2020, on the file of the respondent, seek anticipatory bail. The case of the prosecution as per the defacto complainant viz., Gurusamy is that due to previous enmity between A1 viz., Muthukumaran, who is the brother of Ex Central Minister viz., Radhika Selvi and the defacto complainant, the first accused had instigated the petitioners to attack the defacto complainant and thereby, the petitioners have abused and attacked the defacto complainant, due to which he has sustained injuries. Hence, the complaint.

The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and that a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners.

The learned Additional Public Prosecutor appearing for the respondent would submit that the injured has been discharged from the hospital. He would further submit that there are no previous cases pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

Taking into consideration of the facts and submissions made by the learned counsel and the fact that the victim has been discharged from the hospital and also that there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions; Accordingly, the petitioners are directed to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned XV Metropolitan Magistrate, George Town, Chennai, on condition that each petitioner shall execute a separate bond for a sum of Rs.

[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 every day 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, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 16/10/2020 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 METROPOLITAN MAGISTRATE, NO.XV, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, H-3, TONDIARPET POLICE STATION, CHENNAI.

CC to M/S.D.GOPIKRISHNAN, Advocate on payment of necessary charges CRL OP.16539/2020 Date :16/10/2020 TA-02/11/2020