Bharathi Raja @ Bharathi Raja v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION Nos.19820 & 19824 of 2021 BARATHIRAJA @ BHARATHI RAJA [ PETITIONER / ACCUSED IN CRL.O.P.No.19820 of 2021 ] MADESH @ THIRUMADESWARAN [ PETITIONER / ACCUSED IN CRL.O.P.No.19824 of 2021 ] Vs THE STATE REP BY [ RESPONDENT IN BOTH THE PETITIONS] THE INSPECTOR OF POLICE, ARAKKONAM TALUK POLICE STATION, RANIPET DISTRICT.
CRIME NO.315 OF 2021.
For Petitioner : M/S.A.GOPINATH Advocate [IN BOTH THE PETITIONS] For Respondent : MR. C.E.PRATAP, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in both Crl.Ops, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 341, 147, 148, 294(b), 324, 506(2) and 307 of I.P.C, in Crime No.315 of 2021 on the file of the respondent police seeks anticipatory bail.
2.The case of the prosecution in both Crl.Ops is that there was a previous enmity exists between the petitioners and the defacto complainant in respect of money transactions. Due to which they
attacked each other and further the defacto complainant sustained injuries Based on the complaint lodged by the defacto complainant, the respondent police registered a case.
3.The learned counsel appearing for the petitioners submits that the petitioners did not committed any such offence as alleged by the prosecution. Further he submits that they have been falsely implicated in the case. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) would submits that the injured discharge from the hospital. However, he opposed for grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and also considering that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the 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 Judicial Magistrate, Arakkonam on condition that the petitioners 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 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 appear 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/- 26/10/2021 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, ARAKKONAM.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ARAKKONAM TALUK POLICE STATION, RANIPET DISTRICT.
+2 CC to M/S.A.GOPINATH Advocate on payment of necessary charges SR.NOS. 11830 & 11829 CRL OP NOS.19820 & 19824/2021 Date :26/10/2021 RW 15/11/2021