V.Rajamani v. 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.462 of 2022 1.V.Rajamani ... Petitioners/A1 to A7 2.V.Arulprakasam 3.V.Veerasamy 4.V.Rajendran 5.Rajeshwari 6.V.Rajeswari 7.R.Vairamani Vs.
The State represented by ... Respondent The Sub-Inspector of Police, Sathyamangalam Police Station, Sathyamangalam, Erode District.
(Crime No. 680 of 2021) Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.680 of 2021, on the file of the respondent police.
For Petitioners: Mr.S.Kamadevan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 447, 294-b, 324 & 506(ii) of IPC in Crime No.680 of 2021, seek anticipatory bail.
2. The case of the prosecution is that due to a civil dispute there was a wordy quarrel arose between the parties. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Further he would submit that the petitioners have lodged a complaint as a case in counter registered in Crime No.681 of 2021. Hence, the learned counsel prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that due to a civil dispute there was a wordy quarrel between the parties and also a counter case. He would further submit that there is one previous case pending against the petitioners. However, the learned counsel vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their 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, Sathyamangalam, Erode District, on condition that each petitioners 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 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 3rd petitioner is aged about 72 years and shall report before the respondent police as and when required for interrogation;
(c) the 5th to 7th petitioners are women and shall report before the respondent police as and when required for interrogation;
(d) the 1st , 2nd and 4th petitioners shall report before the respondent police on every Tuesday at 10.30 a.m., until further orders;
(e) the petitioners shall not tamper with evidence or witness either during investigation or trial; (f) the petitioners shall not abscond either during investigation or trial;
(g) 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]; and;
(h) if the accused thereafter abscond, 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 JUDICIAL MAGISTRATE, SATHYAMANGALAM, ERODE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE ERODE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUB INSPECTOR OF POLICE, SATHYAMANGALAM POLICE STATION, SATHYAMANGALAM, ERODE DISTRICT.
+1 CC to M/S S.KAMADEVAN Advocate on payment of necessary charges SR.NO.501 CRL OP.462/2022 Date :10/01/2022 TA-12/01/2022