S.Sivanandham v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-12-2024

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP NO. 31083 of 2024 S.Sivanandham S/o.Sekar, No.2/21,Dharmapuram, Eranavakkam, Thiruvallur District.

2.Senthil @ Ruban .. Petitioner(s) Vs The State Rep By The Inspector Of Police, C-5,Oragadam Police Station, Kanchipuram District. .. Respondent(s) For Petitioner(s) : Mr.M.Vimal Bobby Crimson For Respondent(s): Mr.S.Santhosh Government Advocate(Crl.side)

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 342, 346, 364, 294(b), 323 & 307 of IPC in Crime No.223 of 2024, on the file of the respondent police, seeks anticipatory bail.

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2. Pleading innocence on the part of the petitioners, false implication in the case, learned counsel for the petitioners seek indulgence of this Court. He would further submit that there are no previous case against the petitioners and they have been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioners.

3. The case of the prosecution as per the defacto complainant, as put forth by the learned Government Advocate (Criminal Side) appearing for the respondent police, opposing for grant of bail, is that due to previous enmity between the petitioners and the defacto complainant's husband, the defacto complainant's husband was kidnapped and assaulted by the petitioners along with other accused and they have also attempted to pour petrol on the husband of the defacto complainant and also threatened him with dire consequences.

4. Having heard the learned counsel for the petitioners and the learned Government Advocate ( Crl.side) for the respondent Police and perused the materials available on record, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their 2/4

appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sriperumbudur, on condition that each of 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial; [c] the petitioners shall not abscond either during investigation or trial.

[d] 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 3/4

A.D.JAGADISH CHANDIRA, J.

kkd 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];

[e] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.

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