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Madras High CourtCRL OP/3145/2021granted

Sivakumar v. The Inspector Of Police

2021-02-24Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3145 of 2021 1.Sivakumar ... Petitioners 2.Poonkodi 3.Mayila @ Mariya 4.Bhavani Vs.

State rep. by ... Respondent The Inspector of Police, Uthangarai Police Station, Krishnagiri District.

(Crime No.82 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 their arrest in Cr.No.82 of 2021 pending investigation on the file of the respondent.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.S.Karthikeyan, APP

ORDER

(The case has been heard through video conference) The petitioners are arrayed as A1 to A4. They apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 324, and 506(ii) of I.P.C. in Crime No.82 of 2021, and now, they have filed this petition seeking for anticipatory bail.

2. The case of the prosecution is that both the petitioners and the defacto complainant are businessmen, and having dealership in cements. On the date of occurrence, there was a wordy quarrel between them, due to which, they have attacked him, thereby caused injury to him. The petitioners have also given a counter complaint in Crime No.81 of 2021. Hence, the criminal case has been registered against the petitioner. Now, apprehending arrest, the present petition has been filed.

3. The learned counsel appearing for the petitioners submitted that it is case in counter. He would submit that earlier,

the petitioners have given a complaint, which was registered in Crime No.81 of 2021, as a counterblast, the present complaint has been filed. He would submit that they are innocent persons and they are no way connected with the offence. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that it is a case in counter and now the investigation is also completed. He would submit that there is no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.

5. Taking into consideration of the fact that the occurrence was taken place due to a wordy quarrel between the parties, now it is stated that a counter case was registered against the defacto complainant, the injured was discharged from the hospital, and there is no bad antecedents against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions: (a) Accordingly, the petitioners are directed to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy was made ready, before the learned District Munsif cum Judicial Magistrate, Uthangarai, on condition that the petitioners shall execute a separate bond for a sum of Rs.

[b] the petitioners shall report before the respondent police as and when required;

[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 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 24/02/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, UTHANGARAI.

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

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

CC to E.KANNADASAN Advocate on payment of necessary charges CRL OP.3145/2021 Date :24/02/2021 MN-09/03/2021