A.Gopinath v. State Of Tamil Nadu Through
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24317 of 2021
1. A.Gopinath ... Petitioners
2. Mohan
3. P.S.Ramesh Vs.
The State of Tamil Nadu ... Respondent through the Inspector of Police, Muthialpet Police Station, Pondicherry.
(Crime No.0204 of 2021) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest by the respondent police in the case pending investigation in Crime No.929 of 2020 on the file of the respondent police.
For Petitioners : Mr.Deepanuday For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 324, 427 and 506(ii) r/w 34 of IPC in Crime No.0204 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant who is a worker in the Pub. When the petitioners along with some other persons were drinking in the pub even after pub time over in the night, the defacto complainant told them to go out, due to which, the petitioners along with others abused the defacto complainant with filthy language, assaulted him with broken beer bottles, criminally intimidated him and caused injuries on him Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners have not been committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Additional Public Prosecutor submits that no one had sustained any injury.
5. Considering the submissions made by both counsel and also considering the fact that no one had sustained any injury, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.2, Pondicherry on condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each , 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 and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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 on every Saturday at 10.30 a,m., for a period of four weeks and thereafter as and when required 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 has been imposed and the petitioners are 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/- 16/12/2021 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, NO.2, PONDICHERRY.
2 THE CHIEF JUDICIAL MAGISTRATE PONDICHERRY [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MUTHIALPET POLICE STATION, PONDICHERRY.
4 THE PUBLIC PROSECUTOR PONDICHERRY.
+1CC to M/S. DEEPANUDAY Advocate on payment of necessary charges SR.NO.14977 CRL OP.24317/2021 Date :16/12/2021 CSK 27/12/2021