Babu @ Kudhus v. State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.6478 of 2021
1. Babu @ Kudhus
2. Rameeza
3. Fathima
4. Manzoor
5. Sabira ... Petitioners Vs.
The State Represented by :- Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri District.
(Crime No.84 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in connection with Crime No.84 of 2020 pending on the file of the respondent police.
For Petitioners : Mr.M.P.Saravanan For Respondent : Mr.K.Prabhakar Additional Public Prosecutor
O R D E R
The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 147, 323, 324, 427 of IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 in Cr.No.84 of 2020 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to property dispute, the petitioners along with other accused person have attacked the defacto complainant with bricks and caused injuries. Due to which, the defacto complainant sustained blood injuries. Thereby, the Law Enforcing Agency registered a case against the petitioners and other accused.
3. The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor submits that injured person has been discharged from the hospital.
5. Considering the fact that the injured 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 Additional Mahila Court, Magistrate Level, Krishnagiri District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 daily at 10.30 a.m. until further orders;
(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 petitioner 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/- 08/04/2021 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 ADDITIONAL MAHILA COURT, MAGISTRATE LEVEL, KRISHNAGIRI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KRISHNAGIRI TALUK POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.M.P.SARAVANAN Advocate on payment of necessary charges SR.No.4554 CRL OP.6478/2021 Date :08/04/2021 cs 23/04/2021