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Madras High CourtCRL OP/1316/2021granted

Suresh v. State Rep By,

2021-02-01Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2021

CORAM

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.1316 of 2021 Suresh S/o.Gunasekaran ... Petitioner Vs.

The State Represented by, The Inspector of Police, Paravakkottai Police Station, Thiruvarur District.

Crime No.1033/2020.

...Respondent

Prayer : Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of her arrest in connection with Crime No.1033 of 2020 on the file of the respondent police. For Petitioner : Mr.J.Jawahar For Respondent : Mr. S. Karthikeyan Additional Public Prosecutor

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 offences publishable under Sections 294 (b), 324 1/6

and 506(ii) of IPC in Crime No.1033 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 petitioner and the defacto complainant, due to land dispute and that the petitioner abused and attacked the defacto complainant with hands and also threatened him with dire consequences and thereby the defacto complainant sustained injuries. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him, due to land dispute. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that there as wordy quarrel between the petitioner and the defacto complainant, in the result the petitioner assaulted the defacto complainant due to land 2/6

dispute, thereby the petitioner assaulted the defacto complainant due to which the defacto complainant sustained injuries. He would further submit that the injured has been discharged from the hospital. It is a case in a counter and a counter case has been registered in Crime No.1032 of 2020 by the respondent police. However, he opposed for the grant of anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the learned Judicial Magistrate No.I, Mannargudi, 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 3/6

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 and 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 petitioner shall report before the Magistrate concerned on every monday 10.30 a.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 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].

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[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

8.With the above directions, this Criminal Original Petition is ordered.

01.02.2021 Index : Yes/No Internet : Yes/No vv/smn To

1. The learned Judicial Magistrate No.I, Mannargudi.

2. The Inspector of Police, Paravakkottai Police Station, Thiruvarur District.

3. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN,J.

Vv/smn 01.02.2021 6/6