Ramesh v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.01.2021 CORAM :
THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.1101 of 2021 01.Ramesh ... Petitioners 02.Deepa Vs.
State rep. by The Inspector of Police Eravanchery Police Station, Tiruvarur District (Crime No.42 of 2021) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of arrest by the respondent police connected with Crime No.42 of 2021 on the file of the respondent police. For Petitioners: Mr.T. Muruganantham For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioners, who apprehend arrest for the alleged offences under Sections 294(b), 323 and 506(II) of IPC, in Crime No.42 of 2021, on the file of the respondent Police, seek anticipatory bail.
.The case of the prosecution is that the petitioners are A1 and A2 in this case and they are neighbours of the defacto complainant house. There was a pathway dispute between them, due to which the petitioners abused the defacto complainant with unparliamentary words. Hence the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they are no way connected with this crime and they have been falsely implicated in this case. Hence, he prays for anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor would submit the petitioners due to pathyway dispute the petitioners abused the
defacto complainant with unparliamentary words. Hence, he opposed to grant anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and nature of offence, this court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the Judicial Magistrate, Nannilam on condition that the petitioners shall execute a bond 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 this petition for anticipatory bail shall stand dismissed and on further condition that:
[a] the petitioners and the sureties shall affix his 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 petitioners 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 27/01/2021 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, NANNILAM.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ERAVANCHERRY POLICE STATION, TIRUVARUR DISTRICT.
CC to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges CRL OP.1101/2021 Date :27/01/2021 MN-05/02/2021