Madras High CourtCRL OP/5274/2021granted

Santhamani v. The State Rep.By

2021-03-16Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.5274 of 2021

1. Santhamani ... Petitioners

2. Chella -VsThe State Represented by ... Respondent The Inspector of Police, Bhavanisagar Police Station, Erode District.

(Crime No.102 of 2021) Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to grant Anticipatory Bail to the petitioners in the event of arrest in Crime No.102 of 2021 by the respondent police.

For Petitioners : Mr.N.Chinnaraj 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 punishable under Sections 294(b) and 506(i) of IPC, in Crime No.102 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and the other accused persons had illegally entered into a quarters and taken the lamb from the quarters and attacked the defacto complainant and thereby the defacto complainant caused injuries. Hence, the complaint.

3.The learned counsel for the petitioners 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. Hence, he prays for anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that the petitioners and the other accused persons had illegally entered into a quarters and taken the lamb from the quarters and attacked the defacto complainant and thereby the defacto complainant caused injuries. He would further submit that the injured person has been discharged from the hospital. He would further submit that there is no previous case pending as against these petitioners.

5. Considering the facts and circumstances of the case the injured person has been discharged from the hospital, 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 Judicial Magistrate, Sathyamangalam, 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 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.

[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/- 16/03/2021 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, SATHYAMANGALAM.

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

4 THE INSPECTOR OF POLICE, BHAVANISAGAR POLICE STATION, ERODE DISTRICT.

+1 CC to M/S.N.CHINNARAJ Advocate on payment of necessary charges SR.NO.3548 CRL OP.5274/2021 Date :16/03/2021 TA-29/03/2021