Valarmathi v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2020
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P. No.7123 of 2020
1. Valarmathi
2. Sumathara @ Ramamirtham .. Petitioners Vs State Represented by Inspector of Police, Thiruthuraipoondi Police Station, Thiruvarur District.
Crime No.83 of 2020 .. Respondent Prayer :- Criminal Original Petition filed under Section 438 Cr.P.C., to grant Anticipatory Bail to the petitioner in the event of his arrest in Crime No.83 of 2020 pending on the file of the respondent police.
For Petitioners : Mr.Swami Subramanian For Respondent : Mr.K.Prabakar Addl. Public Prosecutor
ORDER
The petitioners who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 294(b), 448, 324, 342 & 506(ii) IPC in Crime No.83 of 2020 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that due to previous enmity, the petitioners went to defacto complainant's house, abused him with filthy language and also attacked him by using arrival and caused grievous injury to him. Hence, the complaint.
3. The learned Counsel for the petitioner submitted that the petitioners have not committed any offence as alleged by the prosecution and 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 petitioners abused the defacto complainant with filthy language and attacked him and caused grievous injuries to him. He would further submit 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 circumstances of the case, and also of the fact that the injured has been discharged from the hospital, 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, Thiruthuraipoondi,Thiruvarur District, on condition that the petitioners shall execute a 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 surety 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/- 04/06/2020 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, THIRUTHURAIPONDI, THIRUVARUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 INSPECTOR OF POLICE, THIRUTHURAIPOONDI POLICE STATION, THIRUVARUR DISTRICT.
CC to M/S.SWAMI SUBRAMANIAN Advocate on payment of necessary charges CRL OP.7123/2020 Date :04/06/2020 RVR 22/06/2020