B.Akash v. Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.24678 of 2021
1. B.Akash
2. E.Surya
...Petitioners
Versus
The Inspector of Police, T-16, Nazarath Pettai Police Station, Nasaratpet, Chennai.
(Crime No.657 of 2021)
...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 in Crime No.657 of 2021 pending investigation on the file of the respondent police.
For Petitioners : Mr.P.Muthukumarasamy 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), 323 and 506(i) of IPC in Crime No.657 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution that the petitioners in a drunken state, there was a wordy quarrel, the petitioners had abused the defacto complainant in filthy language and attacked him and also threatened him with dire consequences. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, on instructions, the learned counsel further submitted that the petitioners, on their own volition, are ready and willing to contribute a sum of Rs.15,000/- to any charitable trust. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is one previous case pending against the petitioner and the same was disposed. He further submitted that there are three previous cases pending against the second petitioner and the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioners. 5.This Court is of the opinion that the petitioners shall be directed to make a non refundable deposit of Rs.15,000/- (Rupees Fifteen Thousand Only), to the credit of the Government Leprosy Rehabilitation Home, Paranur, Chengalpet without prejudice to their rights and contentions and the said amount shall be utilzed for improving the infrastructure facilities of the said home and submit report before the District Collector of Chengalpet.
6. 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.
7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.1, Poonamallee, 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 make non-refundable deposit a sum of Rs.
[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 report before the 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/- 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, NO.I, POONAMALLEE, THIRUVALLUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, T-16, NAZARATH PETTAI POLICE STATION, NASARATPET, CHENNAI .
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE GOVERNMENT LEPROSY REHABILITATION HOME, PARANUR, CHENGALPET.
6 THE DISTRICT COLLECTOR CHENGALPET.
+1 CC to M/S.P.MUTHUKUMARASAMY Advocate on payment of necessary charges SR.NO.15057 CRL OP.24678/2021 Date :17/12/2021 RW 28/12/2021