Elango v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.458 of 2022 ELANGO ... Petitioner / A2

Versus

State rep. by Inspector of Police, Koothanallur Police Station, Thiruvarur District.

Crime No.535 of 2021 ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in the Crime No.535 of 2021 pending on the file of the respondent police.

For Petitioner :

Mr.M.P.Yuvaraj For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side) *****

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 324 and 506(ii) of I.P.C. in Crime No.535 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that on 24.12.2021, at about 8.00 a.m., the brother of the petitioner went to the defacto complainant's house and chat with defacto complainant's brother and the same was questioned by the defacto complainant, suddenly, the petitioner's brother abused the defacto complainant with filthy language and attacked him with aruval on his head and thereafter, the petitioner attacked the defacto complainant with stick and also threatened him with dire consequences as a result of which, the defacto complainant sustained severe head injuries. Hence this case.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, the learned counsel prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there are totally two accused in this case and the petitioner is A2. He would further submit that A1 was arrested and released on bail and the injured has been discharged from the hospital. However, the learned counsel vehemently opposed to grant 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 certain conditions.

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lock down or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.II, Mannargudi, Thiruvarur District, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Crime No.

[c] the petitioner is directed to report before the respondent police on every Tuesday at 10.30 a.m., until further orders; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner shall not abscond either during investigation or trial;

[f] 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 have been imposed and the petitioner 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7.With the above directions, the Criminal Original Petition is ordered accordingly.

-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 JUDICIAL MAGISTRATE NO.II, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVARUR DISTRICT (FOR INFORMATION).

3 TTHE INSPECTOR OF POLICE, KOOTHANALLUR POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.M.P.YUVARAJ Advocate on payment of necessary charges CRL OP.458/2022 Date :10/01/2022 INBA~20/01/2022