Madras High CourtCRL OP/3288/2022granted

Veeramani v. State Rep. By

2022-02-11Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eleventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3288 of 2022 1 VEERAMANI [ PETITIONERS / ACCUSED ] 2 RAJESWARI 3 JAYALAKSHMI Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRURHURAIPOONDI POLICE STATION, THIRUVARUR DISTRICT CRIME NO. 208/2021 For Petitioner : M/S. N.PALANIVEL 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 294(b), 323, and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.208 of 2021, on the file of the respondent police, seek anticipatory bail. 2.

The case of the prosecution is that on 05.03.2021 at 8.00 a.m., there was a quarrel between the defacto complainant and the petitioners due to filling of water from a common pipe in the street, in which the petitioners abused the defacto complainant and also caused injuries. Hence, the complaint.

3.The learned counsel 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 the person who sustained injuries during the alleged occurrence has been discharged from the hospital. Hence, he prays for Anticipatory Bail to the petitioners.

4. Mr.S.Santhosh, learned Government Advocate (Criminal Side) appearing for the respondent would submit that the person who sustained simple injuries during the alleged occurrence has been discharged from the hospital. He further submit that there is no previous case pending against the petitioners and also submitted that the investigation is almost completed. However, he opposed grant of anticipatory bail to the petitioners.

5. The submissions made by the learned counsel on either side are considered.

6. The respondent police registered a case against the petitioners for the offences punishable under Sections 294(b), 323, and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Women Harassment Act and as of now, the person who sustained simple injury, after completing the treatment he is discharged from the hospital. Therefore, considering the fact that the offence committed by the petitioners are not severe and that the injured person had been discharged from the hospital, custodial interrogation may not be necessary for completing investigation in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioners. 7.

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, Thiruthuraipoondi on condition that the petitioners shall execute a bond for a sum of Rs.

(b) the petitioners shall report before the respondent police daily at 10.00 a.m. for a period of 15 days and thereafter, as and when required for investigation.

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(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 petitioner 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]; and; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 11/02/2022 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, THIRUTHURAIPOONDI, THIRUVARUR DISTRICT.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. N.PALANIVEL Advocate on payment of necessary charges SR.NO.2238 CRL OP.3288/2022 Date :11/02/2022 RW 16/02/2022