Madras High Court
CRL OP/20936/2020 of M.RAJENDRAN Vs STATE REP.BY on 30 December 2020
COURT OF JUDICATURE AT MADRAS DATED: 30.12.2020 CORAM THE HONOURABLE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.12.2020
CORAM
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
Crl.O.P.No.20936 of 2020
1.M.Rajendran2.Devaraj
... PetitionersVs.
The State rep. by The Inspector of PoliceSirumugai Police StationCoimbatore DistrictCrime No.534 of 2020... Respondent Prayer: Criminal Original Petition filed under Section 438 ofCriminal Procedure Code, praying to enlarge the petitioners onbail in the event of their arrest in Crime No.534 of 2020 pendinginvestigation on the file of the respondent police.
For Petitioners : Mr.C.Ramkumar
For Respondent : Mr.M.Mohamed Muzammil Government Advocate (Crl.Side)
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O R D E R
(The case has been heard through video conference)
The petitioners, who apprehend arrest at the hands of therespondent police for the alleged offences under Sections 448, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.534 of 2020 on thefile of the respondent police, seek anticipatory bail.
2. Heard both sides.
3. The allegation against the petitioners is that theytrespassed into the J Bio Fuel Company and exchanged blows withthe de-facto complainant and hence, this case has been registered.
4. It appears that it is a case in counter in Crime No.535 of2020 is pending. The victim is said to have been discharged fromthe hospital. Investigation almost completed.https://hcservices.ecourts.gov.in/hcservices/
5. Considering the facts and circumstances of the case andalso the fact that the victim has been discharged from thehospital and investigation almost completed, this Court isinclined to grant anticipatory bail to the petitioners subject tothe following conditions:
5. Accordingly, the petitioners are ordered to be released onbail in the event of arrest or on their appearance, within aperiod of fifteen days from the date of receipt of a copy of thisorder, before the learned Judicial Magistrate, Mettupalayam, oncondition that the petitioners shall execute a separate bond for asum of Rs.10,000/- (Rupees ten thousand only) with two suretieseach for a like sum to the satisfaction of the respondent policeor the police officer who intends to arrest or to the satisfactionof the learned Magistrate concerned and on further condition that:
[a] the sureties shall affix their photographs and Left ThumbImpression in the surety bond and the Magistrate may obtain a copyof their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent policedaily at 10.30 a.m for a period of two weeks and thereafter, asand when required for interrogation.
[c] the petitioners shall not tamper with evidence or witnesseither during investigation or trial.
[d] the petitioners shall not abscond either duringinvestigation or trial.
[e] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioners in accordance with law as if theconditions have been imposed and the petitioners released on bailby the learned Magistrate/Trial Court himself as laid down bythe Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.
This order, on being produced, be punctually observed and carriedinto execution by all concerned Sub-Assistant Registrar (Statistics/C.S.)https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.
TO
1 THE JUDICIAL MAGISTRATE,METTUPALAYAM.
2 THE CHIEF JUDICIAL MAGISTRATECOIMBATORE [FOR INFORMATION]
3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.4 THE INSPECTOR OF POLICE, SIRUMUGAI POLICE STATION, COIMBATORE DISTRICT.
+1CC to M/S.C.RAMKUMAR Advocate on payment of necessarycharges SR NO.8752 CRL OP.20936/2020 Date :30/12/2020MK:06/01/2021