K.Paramasivam v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Nineteenth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7246 of 2021 1 K.PARAMASIVAM [ PETITIONERS / ACCUSED ] 2 P.SUGANTHA 3 P.EASWARI Vs THE STATE REP BY THE INSPECTOR OF POLICE, [ RESPONDENT ] T-3, KORATTUR POLICE STATION, KORATTUR, CHENNAI CR NO.147/2019 For Petitioner : M/S.K.BALASUBRAMANIAM Advocate For Respondent :MR. T.SHUNMUGARAJESWARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 506(i) IPC r/w Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.147 of 2019, on the file of the respondent police, seek anticipatory bail.
2.This is the second anticipatory bail application before this Court. The case of the prosecution is that there was a matrimonial dispute between A1 and the defacto complainant, as a result of which, the petitioners along with A1 had abused and attacked the defacto complainant and caused injuries. The 1st and 2nd petitioners are the in-laws, 3rd petitioner is the sister-in-law of the defacto complainant. Hence, the complaint was registered. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) would submit that the the petitioners along with A1 had abused and attacked the defacto complainant and caused injuries. He would further submit that the injured person has been discharged from the hospital. However, he vehemently opposed grant of anticipatory bail to the petitioners. 5.Considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
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 of receipt of a copy of this order, before the learned Judicial Magistrate, Ambattur, on condition that each of the petitioner shall execute a 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 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 Court concerned 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 19/04/2021 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, AMBATTUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, T-3, KORATTUR POLICE STATION, KORATTUR, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.K.BALASUBRAMANIAM Advocate on payment of necessary charges Sr.5011 CRL OP.7246/2021 Date :19/04/2021 RVR 28/04/2021