Madhana Gopal v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.4265 of 2021 MADHANA GOPAL [PETITIONER/ACCUSED] Vs STATE REP.BY [RESPONDENT/COMPLAINANT] THE INSPECTOR OF POLICE, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT.

CRIME NO.148 OF 2021.

For Petitioner : M/S.M.SATHYASAI ESWARI Advocate For Respondent : M/S. S.KARTHIKEYAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioner, who apprehends arrest in connection with the case in Crime No.148 of 2021 on the file of the respondent police for the alleged offence u/s 294(b), 323 and 506((ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, seeks anticipatory bail.

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

3. The petitioner is said to have been arrayed as A1. The petitioner and the de facto complainant are neighbours. According to the prosecution, there was a wordy quarrel between the parties over a petty issue in which the petitioner is said to have abused the de facto complainant in filthy language and assaulted her.

4. The learned counsel for the petitioner would submit that the petitioner is innocent of alleged offence and a case has been foisted against him falsely. The learned counsel would further submit that the petitioner has no bad antecedent and he is ready to abide by any conditions that may be imposed by this court in the event of granting anticipatory bail to him.

5. The learned Additional Public Prosecutor would fairly submit that the injured had been discharged from the hospital and there is no bad antecedent reported against the petitioner.

6. Considering the facts and circumstances of the case and also the fact the injured had been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :- [a] Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Ponneri, Tiruvallur District, on executing a 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, 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 petitioner shall report before the respondent police as and when required by the police for interrogation. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 04/03/2021 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 JUDICIAL MAGISTRATE-II, PONNERI.

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

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SHOLAVARAM POLICE STATION, THIRUVALLUR DISTRICT.

+1 CC to M/S.M.SATHYASAI ESWARI Advocate on payment of necessary charges SR NO. 2855 CRL OP.4265/2021 Date :04/03/2021 MN-12/03/2021