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Madras High CourtCRL OP/24264/2021granted

G.S.Ravi v. Sub Inspector Of Police

2021-12-14Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24264 of 2021 1.G.S.Ravi 2.Sekar @ Gunasekaran 3.Ashokan 4.Varalakshmi 5.V.Rani ... Petitioners

Versus

State represented by The Sub Inspector of Police, Kondapalayam Police Station, Ranipet District.

(Crime No.160 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 his arrest in Crime No.160 of 2021 on the file of the respondent.

For Petitioners :

Mr.D.K.Nepolean For Respondent :

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

Mr.D.Senthilkumar *********

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 448 and 506(i) of IPC in Crime No.160 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 27.11.2021 the defacto complainant lodged a complaint before the respondent police stating that defacto complainant is his neighbours and already they had a civil dispute. The petitioners filed a complaint on defacto complainant on 26.08.2020 and C.S.R.No.131. After few months they had a wordy quarrel and melee and the defacto complainant lodged the present complaint. 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. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there is wordy quarrel and investigation almost completed.

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 at Sholingar 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 petitioners 1 to 4 shall report before the respondent police on every Wednesday at 10.30 a.m., until further orders and the 5th 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/- 14/12/2021 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, SHOLINGAR, VELLORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE KONDAPALAYAM POLICE STATION, RANIPET DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.D.K.NEPOLEAN Advocate on payment of necessary charges SR.NO.14680 +1CC to M/S.D.SENTHILKUMAR Advocate on payment of necessary charges SR.NO.14722 CRL OP.24264/2021 Date :14/12/2021 CSK 17/12/2021