Anbarasu v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.OP.Nos.21986 and 21987 of 2021 R.Karthikeyan ... petitioner/A7 in Crl.O.P.No.21987 of 2021 1.Anbarasu 2.Ayyanar 3.Ajith 4.Venkatasalam 5.Pavunraj ... petitioners/Accused-1,2,4,5 and 8 in Crl.O.P.No.21986 of 2021 Vs.
The State rep by The Inspector of Police, Rasipuram Police Station, Namakkal District.
Crime No: 1148 of 2021
...Respondent in both Crl.O.Ps
COMMON PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.1148 of 2021 on the file of the respondent police. For petitioners : Mr.W.Camyles Gandhi For Respondent : Mr.N.S.Suganthan Government Advocate COMMON ORDER (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 08.11.2021 for the offence under Sections 147, 148, 448, 294(b),324,506(ii) of IPC r/w Section 3 (1) of TNPPDL Act, 1984, in Crime No.1148 of 2021,on the file of the respondent police, seeks bail.
2. The case of the prosecution is that there seem to be a money dispute between the petitioners and the defacto complainant, the petitioners along with co-accused alleged to have trespassed into the house of the defacto complainant at night and caused injury to the defacto complainant and damaged their house including household
article. The petitioners along with other accused attacked the defacto complainant and threatened them with dire consequences. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case and that the petitioners are ready to abide by any stringent condition that may be imposed by this Court. He would submit that the petitioners have been suffering incarceration for more than 11 days from 29.10.2021. Hence, he would pray for grant of bail to the petitioners.
4. The learned Government Advocate raised formal objection and would submit that the injured has been discharged from the hospital.
5. Considering the fact that the investigation is almost completed and injured has been discharged from hospital and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Rasipuram, and on further conditions 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 every Wednesday at 10.30 a.m. until further orders. (d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)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;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 19/11/2021 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, RASIPURAM 2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, RASIPURAM POLICE STATION, NAMAKKAL DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM +2 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges Sr.Nos.13079 & 13078 CRL OP.Nos.21986 and 21987 of 2021 Date :19/11/2021 RVR 19/11/2021