Rajasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN

1. Rajasekaran,

2. Ashok Kumar,

3. Venkatesh,

4. Sakthivel,

5. Kondai @ Sekar ... Petitioners/Accused Nos.1 to 5 Vs State rep.by The Inspector of Police, Somarasampet Police Station, Trichy District.

Crime No. 216 of 2021.

... Respondent/Complainant For Petitioners : M/s.Karuna V, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.216 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b), 506(ii) IPC in Crime No.216 of 2021, seek anticipatory bail.

2.The case of the prosecution is that on 19.04.2021, at about 01.00 am., about 10 persons were shouting in front of the defacto 1/3

complainant's house. When the defacto complainant questioned them, the accused and others, under the influence of alcohol and abused in filthy language and criminally intimidated him and his son. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they did not commit any offence as alleged by the prosecution.

4.The learned Government Advocate(Crl.side) appearing for the respondent police strongly opposed this petition on the ground that the investigation is not completed.

5.Taking note of the fact that this case was registered for the offence 147, 294(b), 506(ii) IPC and the fact that no one injured and also the fact that material part of the investigation in this case is completed, this Court is inclined to grant anticipatory bail to the petitioner.

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.V, Trichy on condition that the petitioners shall execute a bond 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 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.

[b]the petitioners shall report before respondent police daily at 10.30 am., until further orders.

[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]. 2/3

[f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE NO.V, TRICHY DISTRICT.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, SOMARASAMPET POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.6274 of 2021 Date :16/06/2021 KM:RSK:SAR1(22.06.2021) 3P 5C 3/3