Navin Sundar v. The State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2021
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.21591 of 2021 1.Navinsundar ... Petitioners 2.Veeramanikandan 3.Prasanth Vs.
State of Tamil Nadu Rep. by The Inspector of Police, J - 3 Guindy Police Station, Chennai.
Cr.No.768 of 2021.
... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.768 of 2021 on the file of the respondent. For Petitioners : Mr.G.Pandian For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)
O R D E R
The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 341, 294 (b), 324, 506 (ii) of IPC, in Crime No.768 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners way the defacto complainant abused the defacto complainant in filthy language, assaulted him with knife, threatened him with dire consequences and also caused grievous injuries to him and escaped from the occurrence place. Hence, the complaint. 3.The learned counsel for the petitioners submits that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the co-accused was already enlarged on bail. Therefore, he prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.side) submits that the injured has been discharged from the hospital. He further submits that there are no previous cases as against the petitioners and investigation is almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the fact that the injured has been discharged from the hospital and there are no previous cases as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners on 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 of receipt of a copy of this order, before the learned IX Metropolitan Magistrate, Saidapet, 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 Magistrate / Trial Court 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 on every Friday at 10.30 a.m. for a period of four 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/- 18/11/2021 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 IX METROPOLITAN MAGISTRATE SAIDAPET 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI 3 THE INSPECTOR OF POLICE, J-3, GUINDY POLICE STATION, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.G.PANDIAN Advocate on payment of necessary charges SR.No.13013 CRL OP.21591/2021 Date :18/11/2021 APN 22/11/2021