A.Nadarajan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.601 of 2022 1.A.Nadarajan 2.N.Latha ... Petitioners Vs.
State represented by the Inspector of Police, Kudavasal Police Station, Thiruvarur District.
(Crime No.1631 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of apprehending arrest in the Crime No.1631 of 2020 on the file of the respondent police.
For Petitioners : Mr.P.Muthamizhselvakumar For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 452, 323, 506(ii) of IPC, 1882 r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.1631 of 2020, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant's mother regarding the illegal relationship between the mother of the defacto complainant and one Rajinikanth (A1), who is the relative of the petitioners, due to which, they abused the defacto complainant and her mother one Chitra and caused simple injuries to the defacto complainant. Hence, the complaint.
3. The learned counsel appearing for the petitioners submits that they have not committed any offence as alleged by the prosecution. He further submits that there is no previous case pending against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that investigation almost completed and there is no previous case pending against the petitioners. However, he opposed for grant of 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 a direction to the petitioners not to cause any disturbance to the defacto complainant and her family members along with 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 (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate Court, Thiruvarur on condition that the 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 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 1st petitioner shall report before the respondent police on every Saturday at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation and the 2nd petitioner 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 has been imposed and the petitioners 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/- 12/01/2022 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, THIRUVARUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, KUDAVASAL POLICE STATION, THIRUVARUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.601/2022 Date :12/01/2022 JPA 21/01/2022