P.Saravanan v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.308 of 2021 1.P.Saravanan ... Petitioners/Accused 1 & 2 2.P.Karthik -VsState Rep.By its, ... Respondent/Complainant Sub Inspector of Police, Erumapatty Police Station, Namakkal District.

(Crime No.913 of 2020) Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners/Accused 1 & 2 on anticipatory bail in the event of their arrest in Crime No.913 of 2020 on the file of the respondent police. For Petitioners: Mr.G.Krishnamurthy For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 323 324 and 506 (i) of IPC, 1960 (as amended), in Crime No.913 of 2020, seek anticipatory bail.

2.The petitioners are A1 and A2 and the defacto complainant is the step mother of the petitioners. The case of the prosecution is that there was a civil dispute between the petitioners and the defacto complainant. The petitioners abused and attacked the defacto complainant with PVC pipes and she sustained injuries. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that a false case has been foisted against the

petitioners. Therefore, he prays to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that due to civil dispute, the petitioners have attacked the defacto complainant. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5.Taking into consideration, the nature of offence, the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

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 on which the order copy is made ready, before the learned Judicial Magistrate, Sendamangalam, Namakkal District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties 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 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 the respondent police as and when required for interrogation. [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].

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

-sd/- 18/01/2021 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, SENDAMANGALAM, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, ERUMAPATTY POLICE STATION, NAMAKKAL DISTRICT.

+1 CC to M/S.G.KRISHNAMURTHY Advocate on payment of necessary charges SR NO. 437 CRL OP.308/2021 Date :18/01/2021 MN-21/01/2021