M.Rajendran v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2020

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.20936 of 2020 1.M.Rajendran 2.Devaraj ... Petitioners Vs.

The State rep. by The Inspector of Police Sirumugai Police Station Coimbatore District Crime No.534 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.534 of 2020 pending investigation on the file of the respondent police. For Petitioners : Mr.C.Ramkumar For Respondent : Mr.M.Mohamed Muzammil Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 448, 294 (b), 323, 324 and 506(ii) of IPC, in Crime No.534 of 2020 on the file of the respondent police, seek anticipatory bail.

2. Heard both sides.

3. The allegation against the petitioners is that they trespassed into the J Bio Fuel Company and exchanged blows with the de-facto complainant and hence, this case has been registered.

4. It appears that it is a case in counter in Crime No.535 of 2020 is pending. The victim is said to have been discharged from the hospital. Investigation almost completed.

5. Considering the facts and circumstances of the case and also the fact that the victim has been discharged from the hospital and investigation almost completed, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:

5. 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, Mettupalayam, 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 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 30/12/2020 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, METTUPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SIRUMUGAI POLICE STATION, COIMBATORE DISTRICT.

+1CC to M/S.C.RAMKUMAR Advocate on payment of necessary charges SR NO.8752 CRL OP.20936/2020 Date :30/12/2020 MK:06/01/2021