Chokkanathan v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.02.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.2695 of 2021 1.Chokkanathan ... Petitioners 2.Munisamy 3.Kannammal Vs.
State ... Respondent Rep. by the Inspector of Police, Kandhikuppam Police Station, Krishnagiri District.
(Crime No.34 of 2021 ) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to grant anticipatory bail to the petitioners in the event of arrest in connection with Crime No.34 of 2021 pending investigation on the file of the Respondent Police. For Petitioners: Mr.R.Jayaprakash For Respondent : Mr.S.Karthikeyan, APP
ORDER
(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.34 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to property dispute, the petitioners alleged to have abused the de-facto complainant in filthy language and attacked him with hands and also intimidated him. Hence, the respondent police registered a case against the petitioners .
3. The learned counsel appearing for the petitioners would submit that the petitioners are no way connected with the offence and due to previous enmity, they have been falsely implicated in this case. He would further submit that already the petitioners have given a complaint against the defacto complainant and as a counter blast this complaint has been given against them. Hence, he prays to
grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that it is a case in counter and now injured has been discharged from the hospital.
4. Considering the said facts and circumstances of the case, and the fact that it is a case in counter and also the fact that injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions :
a) 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 Court No.I, Krishnagiri, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[c] the petitioners shall appear before the respondent police as and when required for interrogation. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial. [e] the petitioners 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 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].
[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/- 12/02/2021 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 COURT NO.I, KRISHNAGIRI.
2 THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KANDHIKUPPAM POLICE STATION, KRISHNAGIRI DISTRICT.
+1 CC to M/S.R.JAYAPRAKASH Advocate on payment of necessary charges 1625 CRL OP.2695/2021 Date :12/02/2021 MN-18/02/2021