Bharath v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3403 of 2022 1 BHARATH [ PETITIONERS / ACCUSED ] 2 MEENATCHI 3 JEENA @ JANA 4 SOUNDAR 5 OORVASI @ SELVI 6 TAMILARASI 7 SIVAKUMAR 8 JEEVA 9 SELVA PRABHU @ SELVAM Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MELPATTI POLICE STATION, VELLORE DISTRICT.

CRIME NO.71 OF 2021.

For Petitioner : M/S.D.BASKAR 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 sections 147, 148, 294(b), 323, 324, 448, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment and Women Act, 2002 in Crime No.71 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there was a dispute in between the petitioners and the defacto complainant with regard to the property, due to which they attacked each other. Hence, the defacto complainant lodged a complaint before the Law Enforcing Agency.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that it is a case of case in counter and also submitted that in the alleged occurrence, the petitioners also sustained injuries. Hence, he pleads for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that the investigation is pending. However, he admits that, it is a case of case in counter and as of now, the persons who are all sustained injuries during the alleged occurrence discharged from the hospital after completing treatment.

5. The submissions made by the learned Counsel appearing on either sides are considered.

6. The respondent police registered the case as against the petitioners for the offenes punishable under sections 147, 148, 294 (b), 323, 324, 448, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment and Women Act, 2002. Further, among the said provisions except 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment and Women Act, 2002 are bailable in nature. In otherwise, being the reason that the persons who are all sustained injuries are discharged from the hospital and therefore, custodial interrogation may not be necessary for completing the investigation. 7.Taking note of all the above said aspects into consideration, this Court is inclined to grant anticipatory bail to the petitioners. 8.

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 Learned Judicial Magistrate, Gudiyatham, Vellore District on condition that the petitioners shall execute a bond for a sum of Rs.

(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 thirty(30) days and thereafter as and when required for interrogation;

(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/- 15/02/2022 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, GUDIYATHAM, VELLORE DISTRICT.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.D.BASKAR Advocate on payment of necessary charges SR.NO.2378 CRL OP.3403/2022 Date :15/02/2022 RW 21/02/2022