Govindaraj v. State 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.1802 of 2022

1. Govindaraj

2. Santhosh @ Sagadevan

...Petitioners

Vs.

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

(Crime No.215 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.215 of 2021 pending investigation on the file of the respondent police.

For Petitioners : Mr.M.Jayachandran For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Sections Sections 294(b), 323, 324 and 506(ii) of IPC in Cr.No.215 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are the relatives of the defacto complainant and they are the adjacent land owners. On the date of occurrence, there was a wordy quarrel between them regarding common pathway dispute already existing between them, due to which, the petitioners abused the defacto complainant, assaulted him with spade, threatened him with dire consequences and caused injuries on him. Hence, the complaint. 3.The learned counsel appearing for the petitioners submits that the petitioners have not been committed any such offence as alleged by the prosecution and they have been falsely implicated in this case.He further submits that the co-accused/A3 and A4 were enlarged on anticipatory bail by the Sessions Court, Krishnagiri in

Crl.MP.No.145 of 2022 dated 19.01.2022. He further submits that there was a case in counter. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor on instructions submits that the injured has sustained injuries in his nose and taken treatment as out-patient . However, he vehemently opposed to grant anticipatory bail to the petitioners.

5.Considering the submissions made by both counsel and also considering the fact that injured has taken treatment as outpatient, this Court is inclined to grant anticipatory bail to the petitioners.

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-II, Krishnagiri on condition that the petitioners shall execute separate bonds 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, the petition for anticipatory bail shall stand dismissed 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 Thursday at 10.30 a.m., for a period of four weeks and thereafter 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]; 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 JUDICIAL MAGISTRATE, NO.II, KRISHNAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, KRISHNAGIRI TALUK POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.1802/2022 Date :28/01/2022 RVR 08/02/2022