Ramesh 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.21020 of 2020 1.Ramesh ... Petitioners 2.Vinoth 3.Karthik Vs.
The State rep. by
...Respondent
The Sub Inspector of Police, Manali New Town Police Station, Thiruvallur District.
Cr.No.2494 of 2020.
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.2494 of 2020 pending investigation on the file of the respondent police. For Petitioners : Mr.R.Sasikumar For Respondent : Mr.M.Mohamed Muzammil Government Advocate (Crl.Side)
ORDER
(The case has been heard through video conference) The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 324, 341 and 506(ii) of IPC in Crime No.2494 of 2020 on the file of the respondent police, seek anticipatory bail.
2. Heard both sides.
3. The learned counsel for the petitioner submitted that there is a previous enmity between the de-facto complainant and the petitioner and in that dispute, this criminal case in Crime No.2494 of 2020 came to be registered.
4.The learned Government Advocate (Criminal Side) submitted that there was a wordy quarrel between the petitioners and the defacto complainant, as a result of which, the petitioners attacked the defacto complainant and caused injuries to him, the injured has
been discharged from the hospital and also the investigation is almost completed.
5. Considering the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners is ordered to be released on bail in the event of their 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 No.I, Ponneri, on condition that each of the petitioner shall execute a 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 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 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, NO.I, PONNERI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUB INSPECTOR OF POLICE, MANALI NEW TOWN POLICE STATION, THIRUVALLUR DISTRICT.
+1 CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges SR.NO.8 CRL OP.21020/2020 Date :30/12/2020 TA-06/01/2021