Chithiravel v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1962 of 2022 1.Chithiravel 2.Madhavan 3.Sivakumar 4.Mahendran ... Petitioners Vs.

State by, The Inspector of Police, Haridhvaramangalam Police Station, Tiruvarur District.

(Crime No.19 of 2022)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioners on bail, in the event of his arrest by the respondent police in the case pending investigation in Crime No.19 of 2022, on the file of the respondent police. For Petitioners : Mr.P.Veerapandi For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323,324 and 506(ii) of IPC r/w Sec. 4 of TNPHW Act, in Crime No.19 of 2022,on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a previous dispute between the petitioners and the defacto complainant with regard to the property. Thereby, the petitioners abused the defacto complainant and thereby attacked her, due to which the defacto complainant sustained sever injuries. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that a counter case has been registered against the petitioners. The learned counsel, on instructions, would further

submit that the petitioners, without prejudice to his rights, is ready to deposit the amount of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of the crime number. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor vehemently opposed for grant of anticipatory bail to the petitioners stating that due to the alleged occurrence, the defacto complainant sustained severe head injuries with ten stitches.

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 directed 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 Judicial Magistrate, Needamangalam 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 shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.19 of 2022 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 Judicial Magistrate, Needamangalam On such deposit being made, the learned Magistrate, shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioners succeeding the case, the amount of Rs.10,000/- deposited by the petitioners to the credit of Crime No.19 of 2022 will be returned to the petitioners and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter failing which, the anticipatory bail petition shall stands dismissed.

(b)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;

(c)the petitioners shall report before the respondent police as and when required for interrogation.

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

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

-sd/- 31/01/2022 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, NEEDAMANGALAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, HARIDHVARAMANGALAM POLICE STATION, TIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.VEERAPANDI Advocate on payment of necessary charges CRL OP.1962/2022 Date :31/01/2022 RVR 08/02/2022