Gopi @ Gopinath v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22696 of 2021 Gopi @ Gopinath .. Petitioner Vs.

State Rep.by its

...Respondent

The Inspector of Police, B-4, Sevvapet Police Station, Sevvapet, Thiruvallur District.

(Crime No.466 of 2021) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.466 of 2021 on the file of the Inspector of Police, B-4 Sevvapet Police Station, Sevaapet, Thiruvallur District.

For Petitioner : Mr.S.Rajesh For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324, 506(ii) of IPC 1860 r/w 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 in Crime No.466 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the brother of the defacto complainant went and met the defacto complainant to complain the acts of the petitioner's as if his vehicle was snatched by the petitioner and 2 others and keeping in their custody, the attitude of the petitioner was questioned by the defacto complainant, due to which, there was a quarrel arose between them in order to release the vehicle and abruptly, the petitioners and 2 others have assaulted the defacto complainant and his brother-in-law by using knife and iron

rod and caused blood injuries to him and his brother-in-law. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not been committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the co-accused was already enlarged on anticipatory bail by this Court in Crl.OP.No.21624 of 2021 dated 18.11.2021. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl side) on instructions submits that the investigation was almost completed.

5. Considering the submissions made by both counsel and also considering the fact that the co-accused was already enlarged on anticipatory bail and the investigation was almost completed, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is 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 XV Metropolitan Magistrate, George Town, Chennai on condition that the petitioner shall execute a bond 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 petitioner 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 petitioner shall report before the respondent police on every Saturday at 10.30 a.m.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the

petitioner is 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/- 29/11/2021 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 METROPOLITAN MAGISTRATE, NO.XV, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, B-4, SEVVAPET POLICE STATION, SEVVAPET, THIRUVALLUR DISTRICT.

+1 CC to M/S. S.RAJESH Advocate on payment of necessary charges SR.NO.13656 CRL OP.22696/2021 Date :29/11/2021 TA-06/12/2021