Sundaram v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN 1.Sundaram 2.Ravi 3.Murugan 4.Raman 5.Suresh 6.Sathish 7.Periyasamy 8.Chandran 9.Mani

...Petitioners

Vs.

State Rep by The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District.

Crime No.430 of 2023.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in connection with Crime No.430 of 2023 on the file of the respondent. For Petitioners : Mr.V.Sakkarapani For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioners, who were arrested and remanded to judicial custody on 10.08.2023 for the offences punishable under Sections 294(b), 395, 397 and 364A of IPC in Crime No.430 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioners submitted that, petitioners are accused in Crime No.430 of 2023 for the offences under Sections 294(b), 395, 397 and 364A of IPC, in connection with business rivalry. He further submitted that, no one suffered injury in the alleged incident and the properties said to have been taken are also recovered. Petitioners are in judicial custody from 10.08.2023. Thus, he prays for grant of bail.

3. In response, learned Additional Public Prosecutor submitted that, defacto complainant is working under one Anandakumar in an Youtube channel namely TNPSC Update. Earlier Anandhakumar was working under A1 in an You-tube channel run by A1. Later, he got 2/6

separated from him and started his own You-tube. In a business rivalry, on 09.08.2023 at about 11.30 hours, accused in this case trespassed into the office of Anandhakumar with knife and spanner and scolded him in filthy language and hit Anandhakumar. They had also taken 70 cell phones and 5 laptops. He further submitted that, the properties had been recovered. Anandhakumar had not taken any treatment. However, he seeks dismissal of this petition.

4. Considering the nature of the allegations made in the first information report and the fact that properties said to have been taken were recovered and that Anandhakumar had not taken any medical treatment, and that material part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioners with conditions. Accordingly, petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Dharmapuri and on further conditions that :- 3/6

[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 petitioners shall report before the respondent police daily morning at 10.30 a.m., until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

29.08.2023 gd 4/6

To 1.The Judicial Magistrate No.I, Dharmapuri.

2.The Inspector of Police, Dharmapuri Town Police Station, Dharmapuri District.

3.The District Prison, Dharmapuri.

4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN.

J.

gd 29.08.2023 6/6