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Madras High CourtCRL OP/2051/2022disposed of

Sakthivel v. State Rep By

2022-02-01Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2051 of 2022 1.Sakthivel

...Petitioners

2.Paranthaman 3.Sownthari 4.Dhanalakshmi 5.Moni 6.Thangaraj 7.Munusamyu 8.Angamuthu 9.Selvam 10.Vignesh Vs.

The State Represented by ... Respondent The Inspector of Police, Gummudipoondi Police Station, Thiruvallur District.

(Crime No.20 of 2022) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of their arrest by the respondent police concerned in crime No.20 of 2022, on the file of the respondent Police.

For Petitioners : Mr.A.Arunkumar For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 341, 294(b), 353, 332, 323, 324 and 307 of IPC, in Crime No.20 of 2022, seek anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel, the petitioners abused the defacto complainant with filthy language and assaulted the defacto complainant with wooden log. Thereby, the

defacto complainant sustained injuries and was admitted in hospital. On the basis of the complaint lodged by the defacto complainant, the respondent police registered a case against the petitioners.

3. The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution. Hence, he seeks for grant of anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submits that the investigation is almost completed all the petitioners are family relatives.

5. Considering the gravity of the offence, I am not inclined to grant anticipatory bail to the petitioners/A5, A8, A10. Accordingly, this petition is dismissed as against the petitioners/A5, A8, A10.

6. Considering the fact that there is no serious allegation as against the petitioners/A5, A8, A10, this Court is inclined to grant anticipatory bail to the petitioners/A2, A3, A4, A6, A7 and A9.

6. Considering the fact that there is no serious allegation as against the petitioners/A2, A3, A4, A6, A7 and A9, this Court is inclined to grant anticipatory bail to the petitioners/A2, A3, A4, A6, A7 and A9.

7. Considering the facts and circumstances of the case and also the submissions made by both counsel and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners/A2, A3, A4, A6, A7 and A9.

6. Accordingly, the petitioners/A2, A3, A4, A6, A7 and A9 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 District Munsif cum Judicial Magistrate, Gummidipoondi, on condition that the petitioner 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

(a)the petitioners/A2, A3, A4, A6, A7 and A9. 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/A2, A3, A4, A6, A7 and A9 shall report before the respondent police every Monday and Saturday at 10.30 a.m., for a period of four weeks and thereafter as and when required for an interrogation; (c)the petitioners/A2, A3, A4, A6, A7 and A9 shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners/A2, A3, A4, A6, A7 and A9, 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/A2, A3, A4, A6, A7 and A9. in accordance with law as if the conditions has been imposed and the petitioners/A2, A3, A4, A6, A7 and A9 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/- 01/02/2022 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, GUMMIDIPOONDI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, GUMMUDIPOONDI POLICE STATION, THIRUVALLUR DISTRICT.

+1 CC to M/S. A. ARUN KUMAR Advocate on payment of necessary charges SR.NO.1774 CRL OP.2051/2022 Date :01/02/2022 TA-09/02/2022