Vijay v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.22146 of 2021 1.Vijay 2.Yuvaraj 3.Vicky @ Vignesh ... Petitioners
Versus
The State represented by The Inspector of Police, Pallikkaranai Police Station, Chennai District.
(Crime No.291 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest concerned in Crime No.291 of 2021 on the file of the Inspector of Police, Pallikkaranai Police Station, Chennai District.
For Petitioners : Mr.D.Prasanna Kumar For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side) *********
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 324, 427 and 506(ii) of IPC in Crime No.291 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant lodged a complaint with the respondent police alleging that there was some Election dispute between the petitioners and the defacto complainant the petitioners and others has assaulted the defacto complainant and thereby the defacto complainant has sustained injury. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the investigation almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate - 2, Alandur, on condition that the petitioners 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 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 appear before the respondent police every Saturday at 10.30 a.m until further orders; (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/- 23/11/2021 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 JUDICIAL MAGISTRATE, NO.2, ALANDUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, PALLIKKARANAI POLICE STAION, CHENNAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S D.PRASANNA KUMAR Advocate on payment of necessary charges SR.NO.13352 CRL OP.22146/2021 Date :23/11/2021 JPA 25/11/2021