Sridhar Ravi v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.01.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.19708 of 2020 Sridhar Ravi ... petitioner Vs.

State Rep. by ... Respondent The Inspector of Police, Thiruvannamalai Town Police Station, Thiruvannamalai.

(Crime No.3684 of 2020) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge Bail to the petitioner in the event of his arrest in Crime No.3684 of 2020 pending investigation on the file of the respondent police.

For Petitioner : Mr.R.Rajasekaran For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner/A1, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324, 307 and 506(ii) of IPC, in Crime No.3684 of 2020, seek anticipatory bail.

2. The case of the prosecution is that on 28.11.2020 at 05.45 p.m., while the defacto complainant was riding his two wheeler from Thandarampet road via Housing Board, at that time, the petitioner dashed against him, and, there was a wordy quarrel between the parties. Subsequently, the petitioner and other accused have joined and attacked the defacto complainant and he sustained minor injury. Hence, the present complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is ranked as A1 in this case. The defacto complainant has filed a false case against the petitioner and on 28.11.2020, when he was under the influence of alcohol driven his bike recklessly and picked up quarrel with petitioner

and others, in which, no such injury caused to him as alleged in the complaint. Hence, he seeks for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that a wordy quarrel between the parties, the petitioner and other accused assaulted the defacto complainant and the injured was discharged from the hospital. He would further submit that the coaccused has already been arrested and released on bail. 5.Taking into consideration the facts and circumstances of the case and also of the fact that the injured has been discharged from the hospital and the co-accused has already been arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate No.I, Thiruvannamalai, on condition that the petitioner shall execute a 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 petitioner 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 petitioner shall report before the respondent police as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 229-A IPC.

-sd/- 19/01/2021 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.I, THIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI.

+1 CC to M/S R.RAJASEKARAN Advocate on payment of necessary charges SR NO. 635 CRL OP.19708/2020 Date :19/01/2021 MN-22/01/2021