Madras High CourtCRL OP/4461/2021granted

Vinoth v. The State Rep.By

2021-03-08Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eighth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.4461 of 2021 1 VINOTH [ PETITIONER / ACCUSED ] 2 GOUTHAM Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-4 REDHILLS POLICE STATION, CHENNAI-600 052.

CR.NO.78 OF 2021.

For Petitioner : M/S.C.PREMKUMAR Advocate For Respondent : MR.S.KARTHIKEYAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are A1 and A2. Apprehending arrest at the hands of the respondent police for the alleged offence under Sections 448, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.78 of 2021 on the file of the respondent police, the petitioner seeks anticipatory bail.

2. The case of the prosecution is that there was a family dispute between the defacto complainant and the petitioners. The defacto complainant is the uncle of the first petitioner and father of the second petitioner. On 26.02.2021, the defacto complainant quarreled with his daughter-in-law/wife of the second petitioner and assaulted her. Hence the petitioners abused the defacto complainant in filthy language and assaulted him. Hence, the respondent police registered a case against the petitioners.

3. The learned counsel appearing for the petitioners submitted that the petitioners did not indulged in any offence. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there was a family dispute between the parties, which resulted in a wordy quarrel between the defacto

complainant and the petitioners and the petitioners abused the defacto complainant in filthy language and attacked him and caused injury. After treatment the injured was discharged from the hospital.

5. Considering the facts and circumstances of the case, and the fact that there was a family dispute between the parties and the injured was 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 No.II, Ponneri, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) 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 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/- 08/03/2021 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, NO.II, PONNERI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, M-4 REDHILLS POLICE STATION, CHENNAI-600 052.

+1 CC to M/S.C.PREMKUMAR Advocate on payment of necessary charges SR.NO.3059 CRL OP.4461/2021 Date :08/03/2021 TA-17/03/2021