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Madras High CourtCRL OP/22374/2021granted

M.Senthil v. State Rep By

2021-11-25Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22374 of 2021

1. M.Senthil ... Petitioners

2. S.Muthulakshmi

3. Shanthi Vs.

The State Rep by Inspector of Police V1, Villivakkam Police Station, Villivakkam, Chennai District.

Crime No.845 of 2021

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.845 of 2021 pending on the file of the respondent.

For Petitioners : Mr.R.Krishnan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 324 of IPC and Section 4 of Women Harassment Act in Crime No.845 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners running a petty shop and the defacto complainant also running the petty shop in the same locality and there was a quarrel between the petitioners and the defacto complainant regarding previous business enmity, due to which, the petitioners assaulted the defacto complainant and caused injuries to her. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners have not been committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that there was a case in counter. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl side) on instructions submits that the injured has been discharged from the hospital and the investigation was almost completed.

5. Considering the submissions made by both counsel and also considering the fact that the injured has been discharged from the hospital and the investigation was almost completed, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned XIII Metropolitan Magistrate, Egmore, Chennai 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 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 on every Thursday at 10.30a.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 has been imposed and the petitioners are 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/- 25/11/2021 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 XIII METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITANMAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, V1, VILLIVAKKAM POLICE STATION, VILLIVAKKAM,CHENNAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S R.KRISHNAN Advocate on payment of necessary charges SR.NO.13517 CRL OP.22374/2021 Date :25/11/2021 CSK 30/11/2021