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Madras High CourtCRL OP/170/2022granted

Vasantha v. State Rep By

2022-01-06Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.170 of 2022

1. Vasantha ... Petitioners

2. Sankar

Versus

State Rep by ... Respondent The Inspector of Police Pallipattu Police Station, Thiruvallur District.

(Crime No.456 of 2021) Prayer:-Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.456 of 2021 pending investigation on the file of the respondent police. For Petitioners : M/S.S.C.Vishwanth For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor Order The petitioners, who apprehends arrest for the alleged offences under Sections 294(b), 323, 354, 506(ii) of IPC r/w Section 4 of Women Harassment Act in Cr.No.456 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 15.11.2021, the defacto complainant lodged a complaint against the petitioners stating that the petitioners along with other two persons have attacked and assaulted her. Based on which the respondent police has registered a complaint against the petitioners.

3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the co-accused person has been released on bail. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submits that the petitioners along with other two persons have attacked and assaulted the defacto complainant. Hence, he opposed for granting anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case that there was wordy quarrel between the parties and that the co-accused has already been enlarged on bail, this Court is inclined to grant anticipatory bail to the petitioners with certain 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 (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned District Munsiff Cum Judicial Magistrate, Pallipattu, 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall appear 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 anticipatory 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 06/01/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PALLIPATTU, THIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, PALLIPATTU POLICE STATION, TIRUVALLUR DISTRICT.

+1 CC to M/S. S.C.VISHWANTH Advocate on payment of necessary charges SR.NO.364 CRL OP.170/2022 Date :06/01/2022 TA-11/01/2022