Viknesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17221 of 2020 1.Viknesh 2.Raji 3.Babu ... Petitioners Vs.

State rep.by The Inspector of Police, Peralam Police Station, Thiruvarur District.

[Crime No.2306 of 2020] ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest by the respondent police in Crime No.2306 of 2020 on the file of the respondent police.

For Petitioner : Mr.T.Muruganantham 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 offence punishable under Sections 294(b), 352, 427, 448 and 506(1) of IPC, in Crime No.2306 of 2020, on the file of the respondent, seek anticipatory bail. The case of the prosecution as per the defacto complainant is that the petitioners along with other accused in an inebriated condition damaged a chair in the shop of the defacto complainant. Hence, the complaint.

The learned counsel appearing for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that the petitioners along with other accused has gone to the shop of the defacto complainant and during a quarrel, the petitioners were assaulted by the defacto complainant, however, by using the defacto complainant's

influence, a false complaint has been given. He would further submit that there is no other previous case pending against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner along with other accused entered into the shop of the defacto complainant and abused him with filthy language and also damaged the chair in the shop of the defacto complainant worth Rs.300/-. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

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 (15) days from the date on which the copy of the order is made ready, before the learned Judicial Magistrate, Nanillam on condition that 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 Magistrate concerned, 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 Police every day 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.

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

-sd/- 03/11/2020 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, NANILLAM.

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

4 THE INSPECTOR OF POLICE, PERALAM POLICE STATION, THIRUVARUR DISTRICT CC to M/S. T.MURUGANANTHAM Advocate on payment of necessary charges CRL OP.17221/2020 Date :03/11/2020 cs 06/11/2020