Ramesh v. State By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.19856 of 2020
1. Ramesh
2. Revathi .. Petitioners Vs.
State represented by Inspector of Police, Sethurapet Police Station, Puducherry.
(Crime No.71 of 2020) .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of her arrest in Crime No.71 of 2020 pending investigation on the file of the Respondent.
For Petitioner :
Mr.T.Rameshkumar For Respondent :
Mr.V.Balamurugane Public Prosecutor (Pondy)
O R D E R
(The case has been heard through video conference) The petitioners apprehending arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 354, 506(i) and 34 of I.P.C. in Crime No.71 of 2020 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant and the petitioners are colleagues. The petitioners are husband and wife. The defacto complainant threatened the 2nd petitioner to join a labour union and work against the management and there was a wordy quarrel between the petitioners and the defacto complainant. Hence, the respondent police registered a case against the petitioners.
3. The learned counsel appearing for the petitioners submitted 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 to grant anticipatory bail to the petitioners.
4. The learned Public Prosecutor (Pondy) would submit that it was only a wordy quarrel.
5. Taking into consideration the facts and circumstances of the case, 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, before the learned Judicial Magistrate - IV, Puducherry, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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:
(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 appear before the respondent police 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.
(f) 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]. (g) 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/- 27/01/2021 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.IV, PUDUCHERRY.
2 THE CHIEF JUDICIAL MAGISTRATE, PUDUCHERRY DIST.[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, SETHURAPET POLICESTATION, PUDUCHERRY.
CC to M/S.T.RAMESHKUMAR Advocate on payment of necessary charges CRL OP.19856/2020 Date :27/01/2021 ksm08/02/2021