Valli v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1156 of 2022 1.Valli 2.Sanjay 3.Kumaran ... Petitioners
Versus
State represented by The Inspector of Police, Thiruvarur Town Police Station, Thiruvarur District.
(Crime No.22 of 2022) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of apprehending arrest in the Crime No.22 of 2022 on Inspector of Police, Thiruvarur Town Police Station, Tiruvarur District. For Petitioners : Mr.P.Muthamizhselvakumar For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor *********
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 354, 354, 506(ii) of IPC in Crime No.22 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the Sub Inspector of Police was in the station duty received the written complaint from the defacto complainant stating that on the date of occurrence the defacto complainant set up the water pipe across the treacle of the 1st petitioner house at the time the 1st petitioner along with other
petitioners were objected the same and abused the defacto complainant in highly filthy language and attacked the defacto complainant and his wife using the wooden log based on the complaint the respondent register the case. 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. Hence, he prays for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners were abused the defacto complainant in highly filthy language and attacked the defacto complainant. However, he 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 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, 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 petitioners shall report before the respondent police on every Saturday at 10.30 a.m., until further orders;
(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/- 21/01/2022 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, THIRUVARUR TOWN POLICE STATIN, THIRUVARUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.1156/2022 Date :21/01/2022 JPA 27/01/2022