Ranjith v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No. 5604 of 2021 1.Ranjith 2.Jegadeesan 3.Dhanasekaran ... Petitioners -VsThe State Represented by its, The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

... Respondent Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure to grant anticipatory bail to the petitioners in the event of their arrest in Crime No. 53 of 2021 pending investigation on the file of the respondent.

For Petitioners :

Mr.E.Kannadasan 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 offence punishable under Sections 294(b), 323, 324 and 506(ii) IPC, on the file of the respondent police, seek anticipatory bail.

2. The defacto complainant is the wife of the first petitioner and the second and third petitioners are the relatives. Due to some dispute, the defacto complainant questioned the first petitioner and all the accused persons attacked her and caused injuries. Hence, a complaint was registered.

3. The learned counsel appearing for the petitioners would submit that the dispute is between the defacto complainant and the first petitioner and she was living in her parental home. Now, in order to harass the petitioner a false complaint has been given.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners had attacked the defacto complainant and cause injuries. He would further submitted that there are no previous cases pending against the petitioners. He would further submitted 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 in view of the fact that the dispute is between the members of the family and the injured person is discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with the following conditions:

[a] 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 I, Krishnagiri, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each 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;

[b] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the respondent/police may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[c] the petitioners shall report before the respondent police as and when required;

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

6. 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 JUDICIAL MAGISTRATE, NO.I, KRISHNAGIRI.

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

4 THE INSPECTOR OF POLICE, KAVERIPATTINAM POLICE STATION, KRISHNAGIRI DISTRICT.

+1 CC to M/S. E.KANNADASAN Advocate on payment of necessary charges SR.No.3871 CRL OP.5604/2021 Date :22/03/2021 cs 30/03/2021