P.Senthilkumar v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.20921 of 2020 1.P.Senthilkumar 2.E.Alexander 3.Saravanan 4.Ramani @ M.Meganathan 5.Mohamed Shahid ... Petitioners/ Accused -VsThe State rep. by The Inspector of Police, Reddychavadi Police Station, Cuddalore District.

(Crime No.727 of 2020) ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Crime No.727 of 2020 pending investigation on the file of the respondent police.

For Petitioners : Mr.G.Pugazhenthi For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

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 offences punishable under Sections 147, 294(b), 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002, in Crime No.727 of 2020, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainants are living in a gated community and there is a frequent quarrel between the parties. On the date of occurrence, the petitioners have misbehaved to the defacto complainant in public place and also threatened her with dire consequences. Hence, the complaint was registered.

3. The learned counsel for the petitioners submitted that a false case has been foisted against the petitioners and they have nothing to do with the alleged offence. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that there are totally five accused. He would submit that the petitioners and the defacto complainants are living in a gated community and there is a frequent quarrel between the parties. On the date of occurrence, the petitioners have misbehaved to the defacto complainant in public place and also threatened her with dire consequences. Hence, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration, the facts and circumstances of the case, that there are no previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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 on which the order copy is made ready, before the learned Mahila Court, Cuddalore, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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: [a] the petitioners and 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 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 MAHILA COURT, CUDDALORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, REDDYCHAVADI POLICE STATION, CUDDALORE DISTRICT.

CC to M/S.G.PUGAZHENTHI Advocate on payment of necessary charges CRL OP.20921/2020 Date :08/01/2021 cs 01/02/2021