M.Kaliyappan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1839 of 2022 1.M.Kaliyappan 2.K.Mariyappan 3.M.Muniyammal .. Petitioners Vs.
State represented by ... Respondent The Inspector of Police, Uthiramerur Police Station, Kancheepuram District.
Crime No.21 of 2022 Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of his arrest by the respondent police in Cr.No.21 of 2022 on the file of the respondent police.
For Petitioners : Mr.G.Punniakoti For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
(This 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 294(b), 323, 324 and 506(ii) IPC r/w Section 4 of Women Harassment Act, in Crime Number 21 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that there was a property dispute between the petitioners and the defacto complainant, due to which there arose a wordy quarrel between them following which they attacked each other. Thereby, the defacto complainant sustained severe head injuries. Hence, the complaint.
3. The learned counsel appearing for the petitioners submits that the petitioners are falsely implicated in the case and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor submits that due to the said incident, the defacto complainant sustained sever injuries. Hence, he opposed for grant of 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. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his 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 District Munsif cum Judicial Magistrate Uthiramerur 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 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 Tuesday at 10.30.a.m., until further orders and the 2nd and 3rd petitioners shall appear on 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 has been imposed and the petitioners is 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/- 28/01/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, UTHIRAMERUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, UTHIRAMERUR POLICE STATION, KANCHEEPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.G.PUNNIAKOTI Advocate on payment of necessary charges SR.No.1333 CRL OP.1839/2022 Date :28/01/2022 CSK 03/02/2022