Munirathinam v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.401 of 2022 Munirathinam ... Petitioner Vs.
State represented by The Inspector of Police Kadaladi Police Station, Thiruvannamalai District.
Crime No.713 of 2021 ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in Cr.No.713 of 2021 on the file of the respondent police.
For Petitioner : Mr.E.Sathiyaraj For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 & 307 of I.P.C r/w 294(b), 323, 324 & 307 of I.P.C in Crime No.713 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that there was a property dispute between the petitioner and the defacto complainant, due to which they attacked each other. Thereby, the defacto complainant sustained severe injuries. Hence, the defacto complainant lodged a complaint before the Law Enforcing Agency.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that a counter case has been registered against the defacto complainant in Crime No.714 of 2021. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent submits that out of the alleged occurrence, the defacto complainant sustained severe head injuries. Hence, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with the following conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his 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 Munsif Court cum Judicial Magistrate, Kalasapakkam, Thiruvannamalai on condition that the petitioner shall execute a 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 Magistrate concerned and on further condition that: [a] the petitioner 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 petitioner shall report before the respondent police daily at 5.00.p.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/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions has been imposed and the petitioner is 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]; and;
[f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-sd/- 10/01/2022 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 COURT CUM JUDICIAL MAGISTRATE, KALASAPAKKAM, THIRUVANNAMALAI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION], 3 THE INSPECTOR OF POLICE, KADALADI POLICE STATION, TIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.E.SATHIYARAJ Advocate on payment of necessary charges SR.NO.487 CRL OP.401/2022 Date :10/01/2022 JPA 20/01/2022