Bharathi v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Second day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.5095 of 2021 1 BHARATHI [ PETITIONERS / ACCUSED ] 2 SUNDAR 3 SANGEETHA 4 SETTU 5 CHINNAPAPA 6 GANDHI Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

CR.NO.61 OF 2021.

For Petitioner : M/S.E.SATHIYARAJ 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 petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294 (b), 324, 506(2), 427, 379 & 307 of IPC, in Crime No.61 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainant are neighbours, there was some dispute between them and there was a wordy quarrel, all the petitioners are said to have attacked the defacto complainant and caused injuries. Hence, the complaint was registered.

3. The learned Counsel for the petitioner submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and a false case has been foisted against them. He would further submit that the petitioners

have given a complaint before the respondent police in Crime No.62 of 2021 against the defacto complainant and it is a case in counter. He would further submit that co-accused had been arrested and thereafter, they were released on bail. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that there is a case in counter case in Crime Nos.61 & 62 of 2021 have been registered by the respondent police. He further submitted that there are no previous cases pending as against the petitioners. He would further submit that the injured person has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and the occurrence taken place in a wordy quarrel and the injured person has been discharged from the hospital and co-accused had been released on bail and there is a case in counter, 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, Kalasapakkam, Tiruvannamalai District, on condition that each of the petitioner 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/- 22/03/2021 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 JUDICIALMAGISTRATE,KALASAPAKKAM, TIRUVANNAMALAI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

CC to M/S.E.SATHIYARAJ Advocate on payment of necessary charges SR.NO. 3864 CRL OP.5095/2021 Date :22/03/2021 rvr 30/03/2021