Gangadharan v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 10.02.2021 CORAM :
THE HON'BLE Mr.JUSTICE V. BHARATHIDASAN Crl.O.P.No.1244 of 2021 1.Gengadharan 2.Kumaran 3.Sundaramoorthy ... Petitioners Vs.
State rep. by The Inspector of Police, Kaveripakkam Police Station, Nemili Taluk,Vellore District.
(Crime No.17 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of arrest in Crime No.17 of 2021 pending investigation on the file of the Respondent.
For Petitioners : Mr.R.Sasikumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor
O R D E R
(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 294(b), 323, 324 & 506(ii) of IPC, in Crime No. 17 of 2021, on the file of the respondent police, seek grant anticipatory bail.
2. The case of the prosecution is that due to wordy quarrel, the petitioners said to have abused the de facto complainant and assaulted him and thereby, caused injuries to him. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case, due to previous enmity. Hence, he prays for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners abused the de facto complainant, assaulted him and thereby, caused injuries to him. He would submit that the second petitioner/A2 herein has already been arrested and later, released on bail. However, he opposed to grant anticipatory bail to the petitioners.
5. I have heard and considered the rival submissions made by the learned counsel appearing for petitioners as well as learned Additional Public Prosecutor appearing for the respondent and perused the entire materials available on record.
6. Taking into consideration of the facts and circumstances and the fact that the second petitioner has been arrested and released on bail, this Criminal Original Petition is dismissed insofar as the second petitioner is concerned. As far as the petitioners 1 and 3 are concerned, this Court is inclined to grant anticipatory bail to the petitioners 1 and 3, subject to the following conditions: a) Accordingly, the petitioners 1 and 3 are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Walaja, on condition that the petitioners 1 & 3 shall execute a separate bond for a sum of Rs.
[f] 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]; [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7. With the above directions, this Criminal Original Petition is ordered insofar as the petitioners 1 & 3.
-sd/- 10/02/2021 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, NO.II, WALAJA 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KAVERIPAKKAM POLICE STATION, VELLORE DISTRICT.
CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges Sr.1469 CRL OP.1244/2021 Date :10/02/2021 RVR 19/02/2021