Rajamanickam v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1088 of 2022

1. Rajamanickam

...Petitioners

2. Selvi Vs.

The State rep by ... Respondent Inspector of Police, Karumalaikoodal Police Station, Salem District, Crime. No.04/2022 Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in Crime No.04 of 2022, on the file of the respondent Police. For Petitioners : M/s.Deepak Kumar For Respondent : Mr.Gokulakrishnan Additional Public Prosecutor (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Section 294(b), 323, 324, 434, 506(ii) of IPC in Cr.No.04 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that, on 09.01.2022, due to the land dispute, the petitioners abused the defacto complainant in filthy language, attacked him with deadly weapons, threatened him with dire consequences and caused injuries on him. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners have not been committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the defacto complainant and her family members only attacked the petitioners with wooden log and there was also a case in counter registered by the respondent police in Crime No.4 of 2022. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor (Crl side) on instructions submits that the injured had sustained simple injury. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the submissions made by both counsel and also considering the fact that the injured had sustained simple injury and there was a case in counter, this Court is inclined to grant anticipatory bail to the petitioners.

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 lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.2, Mettur, on condition that the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 first petitioner shall report before the respondent police on every Wednesday at 10 a.m., for a period of four weeks and thereafter as and when required for an interrogation and the second petitioner shall report before the respondent police as and when required for an 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 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;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 20/01/2022 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.2, METTUR.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KARUMALAIKOODAL POLICE STATION, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.DEEPAK KUMAR Advocate on payment of necessary charges CRL OP.1088/2022 Date :20/01/2022 CSK 31/01/2022