Porkaipandiyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Tenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3293 of 2022 1 PORKAIPANDIYAN [ PETITIONERS / ACCUSED ] 2 SENTHIL @ SENTHILKUMAR 3 YUVASANKAR @ CHETTIYAR @ YUVAPRASANTH Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, RANIPET POLICE STATION, RANIPET DISTRICT.

CRIME NO. 82/2022 For Petitioner : M/S.S.N.ARUNKUMAR 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), 323, 324 and 506(ii) of IPC, in Crime No.82 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 03.02.2022, there was a wordy quarrel arose between one Porkaipandiyan and the defacto complainant's husband in respect of gathering crowd for election and thereafter the dispute was solved between them. While so, the petitioner in order to take vengeance, the said Porkaipandiyan and others went to the defacto complainant's house at about 11.00 p.m., they trespassed into their house and after made abuse attacked them by using deadly weapon. Hence the present case has been registered by the Law Enforcing Agency for the above said crime.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that they have been falsely implicated in this case and pleads for grant for anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent raised objection stating that the investigation is still pending. However, he admits that the person who sustained injury in the alleged occurrence has discharged from the hospital after completing treatment.

5. The submissions made by the learned Counsel appearing for either sides are considered. It is alleged that at the time of occurrence, the petitioner and others have joined together and assaulted the defacto complainant's husband using knife. The respondent police registered the case for the offence punishable under Sections 294(b), 323, 324, and 506(ii) of IPC.

6. Considering the nature of offence committed by the petitioners, since the person who sustained injury in the alleged occurrence discharged from the hospital and the question of custodial interrogation may not be necessary for completing the investigation.

7. Hence, taking all the above said aspects into consideration and having regard to the nature of offence committed by the petitioners, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

8.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 District Munsif-cum-Judicial Magistrate Court, Ranipet, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 his 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 shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioners shall report before the respondent police daily at 10.00 a.m. for a period of 15 days;

(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 has 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/- 10/02/2022 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, RANIPET.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges SR.NO.2261 CRL OP.3293/2022 Date :10/02/2022 RW 16/02/2022