Iyyappan v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Seventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2774 of 2022 1 IYYAPPAN [ PETITIONERS / ACCUSED ] 2 KUMARAVEL 3 MOHAN 4 SATHISH 5 RAMU 6 ARUL Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, NEMILI POLICE STATION, RANIPET DISTRICT.
CRIME NO.7 OF 2022 For Petitioners : M/S.B.SRIDHAR Advocate For Respondent : MR.S.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under sections 147, 294(b), 323 and 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.7 of 2022, seek anticipatory bail.
2.The case of the prosecution is that the de-facto complainant preferred a complaint against the petitioners stating that on 24.08.2021 the petitioners came to the de-facto complainant's house and abused her with filthy language, further they attacked her with hands and legs. Hence, the defacto complainant lodged a complaint against the petitioners.
3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that due to the previous enmity, the de-facto complainant has lodged a complaint against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits due to property dispute between the petitioners and defacto complainant, the present complaint has been filed. He further submits that in the alleged occurrence, the de-facto complainant has sustained injury in her chest. However, he vehemently opposed for grant of anticipatory bail to these petitioners.
5. Submissions made by the counsels appearing on either side considered. Being the reason that the injured is discharged from the hospital, the question of custodial interrogation may not be necessary for completing investigation in this case. Hence, considering the above said 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 days from the date of receipt of a copy of this order, before the Judicial Magistrate, Arakkonam, Ranipet District 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 petitioners are directed to appear before the respondent police on every Saturday 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/- 07/02/2022 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 JUDICIAL MAGISTRATE, ARAKKONAM, RANIPET DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, NEMILI POLICE STATION, RANIPET DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.B.SRIDHAR Advocate on payment of necessary charges CRL OP.2774/2022 Date :07/02/2022 JPA 14/02/2022