Raja v. The 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. 5606 of 2021 1.Raja ... Petitioners 2.Vignesh 3.Sankar 4.Arivu @ Arivanandham 5.Venkatesh @ Venkateswaran 6.Prabakaran 7.Tamil @ Tamilselvan 8.Kutthush @ Velmurugan 9.Bharati -VsThe State ... Respondent Represented by its, The Inspector of Police, Vikrapandiyam Police Station, Tiruvarur District.
(Crime No. 42 of 2021) 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 or on their appearance before any court in connection with the case in Crime No.42 of 2021 pending investigation on the file of the respondent police. For Petitioner :
Mr.D.Lakshmipathy For Respondent :
Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
(The case has been heard through video conference) Totally, there are 11 accused and the petitioners herein, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147,148,341,294(b),324,336 and 506 (ii) IPC and Section 3(i) of TNPPLD Act, in Crime No. 43 of 2021, on the file of the respondent/Police, seek anticipatory bail.
2. The case of the prosecution is that there was a previous enemity between the defacto complainant and the petitioners. On
15.01.2021 at about 4.30 p.m., on account of wordy quarrel between the defacto complainant and the petitioners, the petitioners said to have attacked the defacto complainant and others, caused injuries and also damaged the vehicle. Hence, the complaint. 3.The learned counsel for the petitioners would submit that though wordy quarrel between the parties took place, the petitioners are no way connected with this crime and as such a case has been falsely implicated by the respondent/police. The learned counsel for the petitioners would further submit that the petitioners would duly abide by the conditions to be imposed by this Court. Hence, he prays for anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent/police would submit that the injured person has been discharged from the hospital.
5. Considering the facts and circumstances of the case and in view of the fact that 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate II, Mannargudi on condition that each of the petitioners shall execute a bond for a sum of Rs.
[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 JUDICIAL MAGISTRATE, NO.II, MANNARGUDI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VIKRAPANDIYAM POLICE STATION, TIRUVARUR DISTRICT.
+1 CC to M/S. D.LAKSHMIPATHY Advocate on payment of necessary charges SR.NO.3853 CRL OP.5606/2021 Date :22/03/2021 TA-01/04/2021