Palanisamy v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Ninth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3058 of 2022 1 PALANISAMY [ PETITIONERS / ACCUSED ] 2 GOMATHI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANGEYAM POLICE STATION, TIRUPPUR DISTRICT.
(CR.NO.54 OF 2022) For Petitioner : M/S.C.S.SARAVANAN Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences under section 294(b), 341, 324, 506(ii) of IPC in Crime No.54 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners along with other accused persons break the PAP Stream and diverting the drainage into the defacto complainant's field. When the defacto complainant questioned about the same, the petitioner along with other accused persons abused him in filthy language and assaulted with iron rod. Thereby, the complaint was registered by the Law Enforcing Agency. 3.
The learned counsel appearing for the petitioners submitted that they are innocent persons and they have not committed any such offences as alleged by the prosecution. He further submitted that the defacto complainant sustained only simple injuries. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Criminal Side) appearing for the respondent submits that the injured person has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the fact that the injured person has been discharged from the hospital, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kangeyam, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each, 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of fifteen days and thereafter as and when required for interrogation.
(b)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(c)the petitioner shall not abscond either during investigation or trial;
(d) On breach of the any aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala[(2005)AIR SCW 5560];
-sd/- 09/02/2022 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, KANGEYAM, TIRUPPUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KANGEYAM POLICE STATION, TIRUPPUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.3058/2022 Date :09/02/2022 RW 16/02/2022