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Madras High CourtCRL OP/23144/2021granted

Soorya @ Sooryarajan v. State Rep By

2021-12-03Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.23144 of 2021 1.Soorya @ Sooryarajan 2.Girija @ Gajalakshimi 3.Richard 4.Yamini ... Petitioners

Versus

State represented by The Inspector of Police, S-12, Chitlapakkam Police Station, Chennai - 600 064.

(Crime No.356 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent police, pending investigation in Crime No.356 of 2021 on the file of the respondent police.

For Petitioners:

Mr.D.Mario Johnson For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side) For Intervenor :

Mr.K.Chandru *********

O R D E R

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 448, 364A, 323, 324, 294(b), 506(ii) of IPC in Crime No.356 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners along with other 3 co-accused committed the offence of house trespass, kidnapped the defacto complainant and his friend, used filthy language and criminally intimidated by taking naked pictures of the defacto complainant and his friend. 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. He further submitted that A6 and A1 were already got married, the engagement was performed, they were threatened by the accused in another case stating that they would published the concerned photographs of the girl. Since, the nature of the allegation levelled against these petitioners are arose. Out of the love with one Baskar and with whom the defacto complainant was acting master mind. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that the complainant given by the defacto complainant. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, 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 before the learned Judicial Magistrate, Tambaram on condition that the petitioners 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 1, 2, 3 petitioners shall report before the respondent police on every Wednesday at 10.30 a.m., until further orders and the 4th petitioner shall report before the respondent police as and when requires 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 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/- 03/12/2021 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 JUDICIAL MAGISTRATE, TAMBARAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, S-12, CHITLAPAKKAM POLICE STATION, CHENNAI-600064.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. D.MARIO JOHNSON Advocate on payment of necessary charges SR.NO.14032 CRL OP.23144/2021 Date :03/12/2021 RW 09/12/2021