K.Suntharamurthi v. The State, Rep. By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.01.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.21076 of 2020 K.Suntharamurthi ... Petitioner Vs.
State Rep. by The Inspector of Police, Madipakkam Police Station, Chennai District.
(Crime No.998 of 2020) ... Respondent 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.998 of 2020 by the respondent. For Petitioners : Mr.G.Arun For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
O R D E R
(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 323, 324, 392 and 506(ii) of IPC, in Crime No.998 of 2020, seeks anticipatory bail.
2. The case of the prosecution as per the de-facto complainant is that during the quarrel in a funeral, the accused persons assaulted the de-facto complainant and his cousin with beer bottle and iron rod and caused injuries. During the incident, 3 sovereigns of gold chain belonging to the de-facto complainant and also one mobile phone worth Rs.12,000/- were found missing. Hence the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that during the quarrel in a funeral, some of the persons were inebriated condition created problem. He would further submit that there is no previous case against the petitioner and also the injured has been discharged from the hospital. Therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that there are totally six accused in this case and the petitioner is added as A7. During the funeral, dispute arose between both parties, due to which the petitioner along with 5 other accused assaulted the de-facto complainant and his cousin with beer bottle and iron rod and caused injuries. He would further submit that during the incident, 3 sovereigns of gold chain belonging to the de-facto complainant was found missing. He would further submit that the injured has been discharged from the hospital and there is no previous case pending against the petitioner.
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, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions: a) 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 of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Alandur, on condition that the petitioner shall execute a 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. [b] the petitioner 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 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/- 08/01/2021 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.II, ALANDUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, MADIPAKKAM POLICE STATION, CHENNAI DISTRICT, CC to M/S. G.ARUN Advocate on payment of necessary charges CRL OP.21076/2020 Date :08/01/2021 cs 01/02/2021