Manikandaprabu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14994 of 2021 1 MANIKANDAPRABU [ PETITIONERS / ACCUSED ] 2 DINESH 3 JAI @ JAYAKRISHNAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SELVAPURAM POLICE STATION, COIMBATORE.

CRIME.NO. 490/2021.

For Petitioner : M/S. T.SHANMUGAM Advocate For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence punishable under Sections 323, 365 and 342 of IPC in Crime No.490 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant had rented a car from the petitioner/A1 and 1500 and 25000 was paid as advance. The remaining balance amount was not paid by the defacto complainant, the same was asked by the petitioners/A1, A2 and A3. For which, the defacto complainant evasively replied and there was a quarrel in between them and A2 has slapped the defacto complainant and took his mobile and A1 and A3 have threatened him to return back the balance amount. Hence, the complaint.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and 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 there was rental dispute for hiring of car between the petitioners and the defacto complainant, the present case has been filed. 5.Considering the facts and circumstances of the case and the submissions made by both counsel, this court is inclined to grant anticipatory bail to these petitioners.

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 from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.5, Coimbatore on condition that each of the petitioners shall execute a separate bonds for a sum of Rs.10,000/- (Rupees Ten thousand Only) each, 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) 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;

(b) 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.

(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]; and;

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

-sd/- 26/08/2021 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 JUDICIAL MAGISTRATE NO.5, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE DISTRICT (FOR INFORMATION).

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SELVAPURAM POLICE STATION, COIMBATORE.

CC to M/S. T.SHANMUGAM Advocate on payment of necessary charges CRL OP.14994/2021 Date :26/08/2021 INBA 13/09/2021