Devendran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2022

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.2619 of 2022 1.Devendran 2.Neelavthi 3.Dinesh 4.Duraipandian ... Petitioners

Versus

State represented by The Inspector of Police, Kodavasal Police Station, Thiruvarur District.

(Crime No.29 of 2022) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.29 of 2022 on the file of the District Munsif cum Judicial Magistrate, Nannilam. For Petitioners :

Mr.R.Baskar For Respondent :

Mr.A.Gokulakrishnan, Additional Public Prosecutor *********

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 323, 324, 506(ii) & 307 of IPC r/w 4 of TNWH Act in Crime No.29 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 11.01.2022 the 1st petitioner came from Chennai and shouted about the earlier quarrel in front of the defacto complainant house and worded against her in filthy language. When she came out the 2nd petitioner slapped in her chick and pulled her saree. On hearing quarrel sound the defacto compensation husband came out from their house, he was attacked by the 1st petitioner with iron rod, when her sister came out the 3rd petitioner attacked her with wooden lock, when the defacto complainant came to rescue them the 1st petitioner and his son

Santhosh attacked him, in that occurrence the defacto complainant sustain injury on her head and back. Hence the complaint.

3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that there is some wordy quarrel. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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 District Munsif cum Judicial Magistrate, Nannilam, Thiruvarur 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the Crime No.29 of 2022 and the victim is permitted to withdraw within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

[b] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[c] the petitioners 1, 3, 4 are directed to report before the respondent police on every Tuesday at 10.30 a.m., until further orders and the 2nd petitioner is directed to report before the respondent police as and when requires 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 anticipatory 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.

-sd/- 04/02/2022 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, NANNILAM, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KODAVASAL POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.R.BASKAR Advocate on payment of necessary charges SR.No.2074 CRL OP.2619/2022 Date :04/02/2022 CSK 09/02/2022