Prabu v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the First day of June Two Thousand Twenty PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.7046 of 2020 1 PRABU [ PETITIONERS / ACCUSED ] 2 MANJUNATH 3 AJITH @ AJTIHKUMAR 4 CHANDRASEKAR 5 M.R.PRABU 6 RESI @ RAJKUMAR 7 SENTHIL @ SENTHILKUMAR 8 GANDHI 9 SASIKALA 10 SAROJA 11 SANTHA 12 MEKALA @ MANIMEGALAI 13 INDIRA 14 GIRIVASAN 15 RANI 16 SHANTHI 17 VELKUMAR @ VELMURUGAN 18 THAMIZHA @ TAMILMOZHI 19 SINGARAVELAN 20 ARUN @ ARUNKUMAR 21 VETRISELVAN 22 KARTHICK 23 SURIYAN 24 NANTHINI Vs THE INSPECTOR OF POLICE [ RESPONDENT ] KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.

(CRIME NO. 87 OF 2020) For Petitioner : M/S. P.M.JAYACHANDRAN Advocate For Respondent : M/S. K.PRABAKAR, Additional Public Prosecutor 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 offences publishable under Sections 147, 148, 294(b), 323, 324, 427 and 506(ii) IPC in Crime No.87 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners went to the defacto complainant's house, abused and assaulted him with hands and wooden sticks. Further, the petitioners damaged the window panes and threatened the defacto complainant with dire consequences. Hence, the complaint.

3. The learned Counsel for the petitioners submitted that there is a case in counter in Crime No.88 of 2020 and that a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital. However, he opposed for the grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the victim has been discharged from the hospital and there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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, Palacode, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety, 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, the 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 abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 01/06/2020 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, PALACODE.

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

4 THE INSPECTOR OF POLICE KARIMANGALAM POLICE STATION, DHARMAPURI DISTRICT.

CC to P.M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.7046/2020 Date :01/06/2020 cs 04/06/2020