Karthi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.3943 of 2021

1. Karthi

2. Gnanamurthy ... Petitioners -VsThe State of Tamil Nadu, Rep by its Inspector of Police, Anchetty Police Station, Krishnagiri.

(Crime No.39 of 2019) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Crime No.39 of 2021 is pending on the file of the respondent police.

For Petitioners : Mr.M.Suresh For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

The case has been heard through video conference The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 427, 506(ii) of IPC r/w Section 4 of TNPHW Act,2002, in Crime No.39 of 2019, on the file of the respondent/Police,seek anticipatory bail. 2.The case of the prosecution is that there was previous enmity between the petitioners and the defacto complainant as a result of which, while the petitioners purchasing bangles from the shop of the defacto complainant at the time, there was a wordy quarrel and the petitioners are said to have abused and assaulted the defacto complainant and also damaged the bangles. Hence, the complaint. 3.

The learned counsel for the petitioner would submit that the petitioners are innocent persons and they are no way connected with this crime and they have been falsely implicated in this case. He would further submit that A1 had already been arrested and thereafter he was released on bail by the learned District Munsif cum Judicial Magistrate, Denkanikottai in Crl.M.P.No.780 of 2019 dated 28.03.2019. Hence, he prays for anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that the petitioners are said to have abused and assaulted the defacto complainant and also damaged the bangles. He would further submit that co-accused had already been arrested and thereafter he was released on bail. Hence, he vehemently opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and that the co-accused had already been released on bail and there is no previous case pending as against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. 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 on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate, Denkanikottai, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) 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 this petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and the sureties shall affix his 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.

[b] the petitioners shall report before the respondent Police as and when required for interrogation.

[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 absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 17/03/2021 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,DENKANIKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ANCHETTY POLICE STATION, KRISHNAGIRI CC to M/S.M.SURESH Advocate on payment of necessary charges SR.NO. 3664 CRL OP.3943/2021 Date :17/03/2021 rvr 30/03/2021