R.Shankar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20246 of 2021 1 R.SHANKAR [ PETITIONERS / ACCUSED ] 2 R.SARAVANAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, J12, KANATHUR POLICE STATION, KANATHUR, CHENNAI 112.
CR.NO. 508 OF 2021.
For Petitioner : M/S. R.HARINATH Advocate For Respondent : MR. A.GOPINATH, Govt. 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 for the alleged offence punishable under Section 341, 294(b), 323, 324, 353, 506(1) of IPC in Crime No.508 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that when the defacto complainant and his driver who were on duty in their vehicle at Utthandi Toll Gate, noticed some quarrel between two unknown groups. On enquiry, the petitioners have abused the defacto complainant and his driver and prevented them for performing his duty and threatened them with dire consequences and caused injuries to them and escaped by their vehicle. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits 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) submits that the accused prevented the defacto complainant and his driver for
performing his duty. He further submits that no one sustained injury. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and also considering the submissions made by both counsel and also the fact that no one sustained injury, 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, Alandur on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten thousand Only) each, 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 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 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/- 28/10/2021 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, ALANDUR.
2 THE CHIEF JUDICIAL MAGISTRATE, CHENGALPATTU DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, J12, KANATHUR POLICE STATION, KANATHUR, CHENNAI 112.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S. R.HARINATH Advocate on payment of necessary charges SR.NO.12016 CRL OP.20246/2021 Date :28/10/2021 INBA-16/11/2021