K.Shankar Krishnan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1507 of 2022 1.K.Shankar krishnan 2.K.Ravikumar 3.R.Padmavathi .. Petitioners Vs.

The State represented by The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri.

(Crime No.132 of 2021)

...Respondent/complainant

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on Anticipatory Bail in the event of their arrest in Cr.No.132 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.S.Madhusudanan For Respondent : Mr. A.Gokulakrishnan Additional Public Prosecutor

ORDER

(The 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 147, 324,294(b), 323 and 506(i) of IPC in Crime No.132 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a money dispute between the petitioners and the defacto complainant, due to which, the petitioners have attacked and scolded him and his wife in a filthy language and threatened him with dire consequences.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they were no way connected in this case and they have not committed any offences as alleged by the

prosecution. He pray for grant of anticipatory bail to the petitioners.

4. The Additional Public Prosecutor raised objection stating that there was a money dispute between them and the petitioners have assaulted and abused the defacto complainant and his wife in filthy languages and that there is a case in counter and he further submitted that the investigation was almost completed.

5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the investigation was almost completed, this Court is inclined to grant anticipatory bail to the petitioner with certain 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 Krishnagiri, 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 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 petitioners shall report before the respondent police on every Tuesday at 10.30 a.m for a period of four weeks and thereafter 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 has been imposed and the petitioners are 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;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

-sd/- 25/01/2022 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, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KRISHNAGIRI TALUK POLICE STATION, KRISHNAGIRI, TAMILNADU - 635001.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. S.MADHUSUDANAN Advocate on payment of necessary charges SR.No.1217 CRL OP.1507/2022 Date :25/01/2022 CSK 09/02/2022