Madras High CourtCRL OP/20101/2021granted

Sudhakar v. The State Rep.By

2021-11-02Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20101 of 2021 1 SUDHAKAR [PETITIONERS/ACCUSED] 2 JEYA JOTHI Vs THE STATE REP.BY [RESPONDENT] INSPECTOR OF POLICE, PALLIKARANAI POLICE STATION, CHENNAI.

CR.NO.1037/2021.

For Petitioner : M/S.S.SATHYARAJ Advocate For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 448, 294(b), 506(2) & 109 of IPC in Crime No.1037 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the original owner of the property and he is in possession thereof since 1991. The further case of the prosecution is that the petitioners, along with other accused persons, had trespassed into the defacto complainant property and damaged the fence and abused him in filthy language and assaulted him with hands and threatened him with dire consequences. Hence, the complaint. 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 for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side).appearing for the respondent submitted that the Revenue officials have initiated proceedings under Section 145 of The Code of Criminal Procedure. He further submitted that there is no previous case pending as against the petitioners. However, he vehemently opposed for grant of anticipatory bail to the petitioners..

5.Considering the fact that the revenue authorities have also initiated proceedings under Section 145 of Cr.P.C., and there is no previous case pending as against the petitioners, 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 learned Judicial Magistrate Court, No-II, Alandur, 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 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 first 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 and the second petitioner shall report before the respondent police 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/- 02/11/2021 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 INSPECTOR OF POLICE, PALLIKARANAI POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.SATHYARAJ Advocate on payment of necessary charges Sr.12483 CRL OP.20101/2021 Date :02/11/2021 RVR 17/11/2021