Madras High CourtCRL OP/22988/2021granted

Suresh v. The State Rep By

2021-12-01Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.22988 of 2021 Suresh ... Petitioner

Versus

The State of rep. By ... Respondent The Inspector of Police, K-9, Thiru Vi Ka Nagar Police Station, Chennai.

(Crime No.1145 of 2021) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to grant an anticipatory bail enlarging this petitioner on bail in the event of arrest by the respondent police in Crime No.1145 of 2021 pending on the file of the respondent police.

For Petitioner : Mr.D.Naresh Babu For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 279, 323, 324, 341 and 506(ii) of IPC in Crime No.1145 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 15.11.2021 the defacto complainant went to buy tiffin for her kids by driving her scooter and while driving an auto dashed backside of the defacto complainant's scooter and the defacto complainant fell down and in which the petitioner and A2 came out from the auto and started threatening the defacto complainant and enquired about her husband and attacked the defacto complainant with wooden log and then the defacto complainant treated as in patient and lodged a complaint before the respondent police. Hence this complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has 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 injured discharged, investigation almost completed and one previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned V Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition 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 petitioner shall report before the respondent police daily at 10.30 a.m., until further orders; (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 have been imposed and the petitioner 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/- 01/12/2021 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.V, EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, K-9, THIRU VI KA NAGAR POLICE STATION, CHENNAI.

+1 CC to M/S.D.NARESH BABU Advocate on payment of necessary charges SR.NO.13848 CRL OP.22988/2021 Date :01/12/2021 TA-06/12/2021