Madras High Court
Saranraj vs The State Represented By on 6 October, 2020
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.OP.No.15744 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.10.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.OP.No.15744 of 2020
Saranraj
S/o. Sampath ... Petitioner
Vs.
The State represented by
The Inspector of police,
Arakkonam Town Police Station,
Arakkonam, Ranipet District.
Crime No.758 of 2020 ... Respondent
Prayer: Criminal Original Petition filed under Section 438 Cr.P.C.,
praying to enlarge the petitioner on bail in the event of arrest in Crime
No.758 of 2020 on the file of the respondent police.
For Petitioner : Mr.S. Sugendran
For Respondent : Mr.M. Mohamed Riyaz
Additional Public Prosecutor
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http://www.judis.nic.in
Crl.OP.No.15744 of 2020
ORDER
(This case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences publishable under Sections 147,148, 341, 294 (b), 324, 323, 307, 506 (i) and 506(ii) of IPC in Crime No.758 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per defacto complainant is that due to wordy quarrel relating to the land dispute between the petitioners and the defacto complainant, the petitioners attacked the defacto complainant with iron rod and knife. Hence, the complaint.
3. The learned Counsel for the petitioner would submit that the petitioner is a innocent and he has been falsely implicated in this case. He wold further submit that co-accused has been granted anticipatory bail by this Court vide order dated 16.09.2020 in Crl.O.P.No.14417 of 2020. Hence, he prays for grant of anticipatory bail to the petitioner. Page 2 of 6 http://www.judis.nic.in Crl.OP.No.15744 of 2020
4. The learned Additional Public Prosecutor would submit that the injured has been discharged from the hospital. He would further submit that there is no previous case as against the petitioner. However, he opposed the grant of anticipatory bail to the petitioner.
5. Taking into consideration of the facts and circumstances of the case and also the submissions of the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;
6. Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the copy of this order is made ready, 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 Judicial Magistrate, Sholinghur, failing which, the petition for anticipatory bail shall stand dismissed and Page 3 of 6 http://www.judis.nic.in Crl.OP.No.15744 of 2020 on further condition that:
[a] the petitioner 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 petitioner shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter every monday at 10.30 a.m until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].Page 4 of 6
http://www.judis.nic.in Crl.OP.No.15744 of 2020 [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7. With the above directions, this Criminal Original Petition is ordered.
06.10.2020 smn Internet: Yes/No Index: Yes/No Speaking Order/Non Speaking Order To
1. The Judicial Magistrate, Sholinghur.
2. The Inspector of police, Arakkonam Town Police Station, Arakkonam, Ranipet District.
3. The Public Prosecutor, Madras High Court, Chennai.
Page 5 of 6 http://www.judis.nic.in Crl.OP.No.15744 of 2020 A.D.JAGADISH CHANDIRA, J smn Crl.OP.No. 15744 of 2020 06.10.2020 Page 6 of 6 http://www.judis.nic.in