Kumaresan v. State Rep By
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.22283 of 2021 1.Kumaresan 2.Sathish ... Petitioners Vs.
State represented by, The Inspector of Police, S-15, Selaiyur Police Station, Chennai District.
Crime No.595 of 2021. ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C, prayed to enlarge the petitioners in the event of arrest in Crime.No.595 of 2021 pending investigation on the file S-15, Selaiyur Police Station, Chennai District.
For Petitioners : Mr.P.Chandra Sekar For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
(The case has been heard through video conference) The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 109, 341, 294(b), 324 and 506(ii) of IPC, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners abused the defacto complainant in filthy language and also assaulted him. 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 to the petitioners.
4. Heard the learned Government Advocate (Crl.Side) appearing for the respondent raised objection stating that the petitioners are arrayed as A3 and A4 but admits that the victim has been discharged from the hospital and that the investigation is almost completed. 5.Considering the facts and circumstances of the case and the fact that the victim has been discharged from the hospital and that the investigation is almost completed, 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 Judicial Magistrate-II, Tambaram, on condition that the petitioners shall execute 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 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. 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/- 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 JUDICIAL MAGISTRATE, NO.II, TAMBARAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, S-15, SELAIYUR POLICE STATION, CHENNAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. P.CHANDRA SEKAR Advocate on payment of necessary charges SR.NO.13646 CRL OP.22283/2021 Date :25/11/2021 JPA 03/12/2021