Chandrasekaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.23974 of 2021 1.Chandrasekaran 2.Rangarajan

...Petitioners

Versus

The State Rep by The Inspector of Police, Valangaiman Police Station, Thiruvarur District.

(Crime No.1032 of 2020)

...Respondent

PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No.1032 of 2020 pending on the file of the respondent police. For Petitioners : Mr.R.Subramanian For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

O R D E R

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) 324 and 506(ii) IPC, in Crime No.1032 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 17.05.2020, the petitioners have started wordy quarrel with the defacto complainant by using abusing words and attacked the defacto complainant with wooden log and iron rod and sustained severe injuries. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. The learned counsel, on instructions, would further submit that the petitioners, without prejudice to their rights, are ready to deposit the amount of Rs.15,000/- to the credit of the crime number and also conceded the

same to be disbursed to the defacto complainant. However, the learned counsel submitted that before disbursing the amount to the defacto complainant, an affidavit of undertaking shall be obtained from the defacto complainant stating that in the event of the petitioners succeeding the case, the amount of Rs.15,000/- will be returned to them. He prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the injured person has been discharged from the hospital and the investigation is almost completed. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.Side), 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 District Munsiff cum Judicial Magistrate, Valangaiman, Thiruvarur District on condition that the petitioners shall execute a separate 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 petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of Cr.No.1032 of 2020 before the District Munsif cum Judicial Magistrate, Valangaiman, Thiruvarur District, within a period of two weeks from the date of receipt of a copy of this order . On such deposit being made, the District Munsif cum Judicial Magistrate, Valangaiman, Thiruvarur District, shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioners succeeding the case, the amount of Rs.15,000/- deposited by the petitioners to the credit of Cr.No.1032 of 2020 will be returned to the petitioners and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter;

[b] 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.

[c] the petitioners are directed to appear before respondent police daily at 10.30 a.m., until further orders.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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

[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 10/12/2021 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 THEDISTRICT MUNSIFF CUM JUDICIAL MAGISTRATE AT VALANGAIMAN, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, VALANGAIMAN POLICE STATION, TIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. R.SUBRAMANIAN Advocate on payment of necessary charges CRL OP.23974/2021 Date :10/12/2021 RVR 20/12/2021