Mahendran v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :09.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.23702 of 2021 1 Mahendran ... Petitioners 2 Kumaran

Versus

State Rep by ... Respondent The Inspector of Police, J-12 Kannathur Police Station, Chennai.

(Crime No.598 of 2021) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in the event of their arrest in Crime No.598 of 2021 pending investigation on the file of the respondent police. For Petitioners : Mr.Mahendran For Respondent : Mr.N.S.Suganthan Govt.Advocate(Crl.Side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under section 147, 323 506 (ii) of IPC, in Crime No.598 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant, due to which they attacked each other. Hence, the complaint.

3. The learned counsel for the petitioners submits that the petitioners has not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that FIR has been registered and injured discharged from the hospital. However, he opposed for grant of 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 the following conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Alandur, Chennai on condition that the petitioners shall execute a bond for 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 petitioners and 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 is directed to appear before the respondent police on every Wednesday 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. -sd/- 09/12/2021 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, ALANDUR, CHENNAI.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, J-12 KANNATHUR POLICE STATION, CHENNAI.

+1 CC to M/S. M.GOUTHAMAN Advocate on payment of necessary charges SR.NO.14378 CRL OP.23702/2021 Date :09/12/2021 TA-17/12/2021