Saravanakumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17..02..2021 CORAM :

THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.3054 of 2021 1.Saravanakumar ... Petitioners 2.Bhagawathy @ Jaganathan Vs.

The State, rep. by ... Respondent The Inspector of Police, Anamalai Police Station, Coimbatore.

[Crime No.343 of 2020) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest in Crime No.343 of 2020 pending investigation on the file of the respondent police.

For Petitioners: Mr.L.Mouli For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioners, who apprehend arrest in connection with the case in Crime No.343 of 2020 on the file of the respondent police for the alleged offences punishable under Sections 294(b), 323 and 324 of IPC, are before this court seeking anticipatory bail.

2. I have heard the learned counsel for the petitioners and the learned Additional Public Prosecutor and also perused the records carefully.

3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have nothing to do with the alleged offence. The petitioners have been falsely implicated due to political rivalry.

4. The learned Additional Public Prosecutor would submit that the petitioners belonged to a political party and the de facto belonged to another political party and there was a wordy

altercation during course of distribution of corona virus relief assistance. According to him, there is a counter case registered in Crime No.344 of 2020 on a complaint from the victim party.

5. The occurrence is said to have taken place on 12.05.2020 followed by a wordy altercation during the course of distribution of corona virus relief assistance.

6. Considering the submissions made on either side and the circumstances of the case and also the fact there is a counter case, 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-I, Pollachi, Coimbatore District, on their executing a bond for a sum of Rs.10,000/- (Rupees ten 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, 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 himself /Trial Court 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.

With the above directions, this Criminal Original Petition is ordered.

-sd/- 17/02/2021 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-I, POLLACHI, COIMABATORE.

2 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ANAMALAI POLICE STATION, COIMBATORE.

+1 CC to M/S.L.MOULI Advocate on payment of necessary charges SR NO. 1852 CRL OP.3054/2021 Date :17/02/2021 MN-23/02/2021