Elakkiyavarman v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 15.05.2020 THE HON'BLE MR.JUSTICE T.RAVINDRAN CRL.OP.No.7610, 7612 & 7613 of 2020 CRL OP NO.7610 OF 2020 ELAKKIYAVARMAN
...Petitioner
Vs.
State represented by Inspector of Police, Vaduvoor Police station,Thiruvarur District
...Respondent
CRL OP NO.7612 OF 2020 MANIYARASAN
...Petitioner
Vs.
State represented by Inspector of Police, Vaduvoor Police station, Thiruvarur District
...Respondent
CRL OP NO.7613 OF 2020 RANJITH
...Petitioner
Vs.
State represented by Inspector of Police, Vaduvoor Police station, Thiruvarur District
...Respondent
Prayer: Criminal Original Petitions are filed under Section 438 of Cr.PC, seeking bail to the Petitioners in the event of his arrestin Crime No.407
of 2020, on the file of the respondent police. For Petitioner : M/s. Swami Subramaniam in all the petitions For Respondent :Mr.ShunmugaRejeswaran Government Advocate (Criminal Side), in all petitions COMMON ORDER Apprehending arrest for the offences punishable under Sections 448, 294(b), 323 and 506(i) IPC, in Crime No. 407 of 2020, on the file of the respondent police, the petitioners/A1 toA3 have come forward with the petitions seeking for Anticipatory Bail.
2. Briefly stated, according to the prosecution case, on account of the long standing temple dispute between the petitioners and A4 on one hand and the defacto complainant's family on the other hand, it is stated that on 28.03.2020 at about 7 PM, the petitioners and A4 trespassed into the house of the defacto-complaint and abused her husband by filthy language and attempted to attack the husband of the defacto-complainant and when the same was questioned by the defacto-complainant, it is stated that the petitioners and A4 attacked her with wooden stick on her arms and further also attacked her mother-in-law on the head and thereby they had sustained injuries and when the neighbours rushed to the spot, the petitioners escaped from the spot by intimidating the defacto
complainant and her family members with dire consequences and thus committed the offences levelled against them.
3. According to the petitioners' counsel, the petitioner have been falsely implicated in the case with the ulterior motive and they have not committed the offences as alleged against them and they are ready to cooperate with the investigation and there is no previous case against them and accordingly prayed for the relief sought for by them.
4. On the other hand, it is put forth by the learned Public Prosecutor that the investigation is still pending and further admitted that there is no previous case pending against the petitioners and the injured persons had been treated as outpatient and accordingly opposed the relief sought for by the petitioner.
5. Considering the nature of the accusation levelled against the petitioners, particularly, when it is found that there is a huge delay in the lodgement of the FIR and further as even according to the defactocomplainant, there is a long standing temple dispute between the petitioners and the defacto-complainant's family and inasmuch as the petitioners are ready to cooperate with the investigation in all aspects and abide with the conditions that may be imposed on them by this Court, in all, I am inclined to grant the Anticipatory Bail prayed for by the
petitioners on conditions.
6. For the reasons aforestated, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within 15 days from the date of receipt of copy of this order before the court of Judicial Magistrate No.I, Mannargudi, Thiruvarur District,on condition of their each executing a bond for Rs.10,000/- (Rupees Ten thousand) with one surety for a like sum to the satisfaction of the respondent police or the police officer who arrest them or the aforestated Judicial Magistrate and further directed to adhere to the conditions set out under Section 438 Cr.Pc.
Accordingly, the Criminal Original Petitions are allowed. 15.05.2020 Index : Yes/No Internet :Yes/No Bga
T.RAVINDRAN, J bga To
1. The Inspector of Police Inspector of Police, Vaduvoor Police station, Thiruvarur District 2.The Public Prosecutor, High Court, Madras CRL.OP. 7610, 7612 & 7613of 2020 15.05.2020