Praveen v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Second day of April Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice V.BHAVANI SUBBAROYAN CRIMINAL ORIGINAL PETITION No.7483 of 2021 1 PRAVEEN [ PETITIONERS / ACCUSED ] 2 SANTHOSH 3 DINESH 4 MUTHU 5 APPASH @ RAJKUMAR Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, F1-GUMMIDIPOONDI POLICE STATION, THIRUVALLUR DISTRICT CR NO.65/2021 For Petitioner : M/S.S.SASIKUMAR 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 offences under Sections 147, 148, 294(b), 324 and 506(ii) of IPC in Crime No.65 of 2021, on the file of the respondent police, seek anticipatory bail.
2. There are totally six accused in this case and the petitioners are A1 added as A1 to A5. The case of the prosecution is that on the date of occurrence, while the de-facto complainant, as a watchman was supervising the agricultural field, the accused persons had trespassed into the agricultural field and it was questioned by the de-facto complainant. As a result of which, there was a wordy quarrel between the accused persons and the de-facto complainant, due to which, the petitioners and another accused assaulted the de-facto complainant with knife on his head and caused injuries to him and also threatened him with dire consequences. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit 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 in a wordy quarrel, the petitioners and another accused abused the de-facto complainant and assaulted him with knife on his head and thereby, caused injuries. He would further submit that the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and also taking note of the fact the occurrence took place in a wordy quarrel and also 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 of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Gummidipoondi, on condition that the petitioners shall execute a separate 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 daily at 10.30 a.m for a period of two weeks and thereafter 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/- 22/04/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, GUMMIDIPOONDI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, F1-GUMMIDIPOONDI POLICE STATION, THIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.S.SASIKUMAR Advocate on payment of necessary charges Sr.5201 CRL OP.7483/2021 Date :22/04/2021 RVR 28/04/2021