Ajai @ Ajai Senthil v. State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20541 of 2021 1 AJAI @ AJAI SENTHIL [ PETITIONERS / ACCUSED ] 2 P.NAGAARJUNAN 3 S.MANOJ Vs STATE REP BY THE [ RESPONDENT ] THE INSPECTOR OF POLICE, E-1, SINGANALLUR POLICE STATION, COIMBATORE CITY (CRIME NO. 675/2021) For Petitioner : M/S S.RAMACHANDRAN Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence under Section 294(b), 323, 506(1) of IPC and 4 of Women Harassment Act in Cr.No.675 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 her husband were talking with their friends in the street, the petitioners with consumption of ganja wantonly came to them and abused the defacto complainant with filthy language and when the same was questioned by her husband, the petitioners threatened him with dire consequences and thereafter, dashed him by using two wheeler in which the husband of defacto complainant sustained injuries. Thereby, the law enforcing agency registered a case against the petitioners.

3.The learned counsel appearing for the petitioners submit that the petitioners have not been committed any offence as alleged by the prosecution and the defacto complainant had sustained only simple injuries. He further submits that there is a case in counter registered against the defacto complainant. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.side) submits that injured person has been discharged from the hospital and there are no previous cases pending against the petitioners.

5. Considering 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 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 3rd Judicial Magistrate, Coimbatore City, on condition that the petitioners shall execute a bond 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/- 01/11/2021 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 3rd JUDICIAL MAGISTRATE, COIMBATORE CITY,COIMBATORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, E-1, SINGANALLUR POLICE STATION, COIMBATORE CITY, COIMBATORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S S.RAMACHANDRAN Advocate on payment of necessary charges SR.NO.12263 CRL OP.20541/2021 Date :01/11/2021 CSK 16/11/2021