K.Sathish v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.2330 of 2021 K.Sathish ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, Hosur Town Police Station Hosur, Krishnagiri District.

(Crime No.591 of 2013) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.591 of 2013 pending investigation on the file of the Respondent.

For Petitioner : Mr.N.Stalin For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 506(i) of I.P.C., r/w Section 4 of TNPWH Act, in Crime No. 591 of 2013, on the file of the respondent police, and now, he has filed this petition seeking to grant anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, when the defacto complainant and his wife were on their house, A1 and his friends said to have waylaid them with verbal fight, as a result of which, there was a wordy quarrel, and also said to have attacked the defacto complainant for the removal of water pipeline connection provided by the corporation. Hence, the criminal case has been registered against the petitioner. Now apprehending arrest, the present petition has been filed seeking for anticipatory bail.

3. The learned counsel appearing for the petitioner submitted that he is an innocent person and he is no way connected

with the offence. He would submit that he has been falsely implicated in this case. He would also submit that the arrested coaccused was released on bail. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that on the date of occurrence, when the defacto complainant and his wife were on their house, the petitioner along with his friends have waylaid them with verbal fight, as a result of which, there was a wordy quarrel, and attacked the defacto complainant for the removal of water pipeline connection provided by the corporation. He would submit that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the fact that as there was a wordy quarrel, the petitioners along with other accused have attacked the defacto complainant, the injured has been discharged from the hospital and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions: a) Accordingly, the petitioner is 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 learned Judicial Magistrate No.II, Hosur on condition that the petitioner shall execute a separate bond for a sum of Rs.

[c] the petitioner shall appear before the respondent police daily at 10.30 a.m. for the period of two weeks; [d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] the petitioner 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 petitioner 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];

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 11/02/2021 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, HOSUR.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, HOSUR TOWN POLICE STATION, HOSUR, KRISHNAGIRI DISTRICT.

+1 CC to M/S.N.STALIN Advocate on payment of necessary charges SR NO. 1476 CRL OP.2330/2021 Date :11/02/2021 MN-18/02/2021