A.Ravichanran v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.24684 of 2021
1. A.Ravichandran
...Petitioners
2. Naveen
Versus
The State rep by
...Respondent
The Inspector of Police Ethappur Police Station, Pathanayakanpalayam Taluk, Salem District-636 117.
(Crime No.543 of 2021) 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 their arrest in Crime No.543 of 2021 pending investigation on the file of the respondent police. For Petitioners : Mr.S.Nagarajan 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 offence under Sections 147, 323, 341, 342 of IPC 1860 @ into under Section 147, 323, 341, 342 & 365 of IPC 1860, in Crime No.543 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused persons had kidnapped the defacto complainant and attacked him and caused injuries. Hence, the complaint was registered.
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. He further submitted that co-accused had already been granted
anticipatory bail by this Court in Crl.O.P.No.23675 of 2021 dated 09.12.2021. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) submitted that the investigation is almost completed and there is no previous case pending against the petitioners. He further submitted that the defacto complainant also arrested under POCSO case. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Vazhapadi, Salem 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 and on further condition that:
(a) if the petitioners fail to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b) the petitioners 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;
(c) the petitioners shall report before the respondent police on every Tuesday 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]; and;
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 17/12/2021 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, VAZHAPADI, SALEM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ETHAPPUR POLICE STATION, PATHANAYAKANPALAYAM TALUK, SALEM DISTRICT-636 117.
CC to M/S.S.NAGARAJAN Advocate on payment of necessary charges CRL OP.24684/2021 Date :17/12/2021 TA-03/01/2022