Stalin v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.05.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI Stalin S/o.Karnan East street Koopachikottai village Mannargudi Taluk Tiruvarur District.

.. Petitioner/1st Accused in (Crl.O.P.No.7956 of 2020) Muruganandam S/o. Karnan East street, Koopachikottai Village, Mannargudi Taluk, Thiruvarur District .. Petitioner/3rd Accused in (Crl.O.P.No.7979 of 2020) Vs.

State rep. by Inspector of Police, Paravakottai Police Station Tiruvarur District.

(Crime No.430 of 2020) .. Respondent in both Crl.O.Ps.

Prayer: Criminal Original Petitions filed for anticipatory bail under Section 438 of Criminal Procedure Code.

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In both Crl.O.Ps.

For Petitioners : Mr.M.P.Yuvaraj for Mr.Swami Subramanian For Respondent : Mr. M. Jothikumar Additional Public Prosecutor C O M M O N O R D E R The petitioners, who apprehend arrest at the hands of the respondent police for alleged offence punishable under Sections 341, 342, 294(b), 324 and 506(ii) IPC in Crime No.430 of 2020, seek anticipatory bail.

2. The case of the prosecution is that there was a dispute between the father of the defacto complainant and A1. On 15.05.2020, when the defacto complainant was crossing the house of the accused persons, A2 abused the defacto complainant in filthy language. When the same was questioned by the defacto complainant, A3, who is the son of A2, attacked the defacto complainant with deadly weapons, abused the defacto complainant in filthy language and threatened him with dire consequences. On complaint, a case has been registered for the offence under Sections 341, 342, 294(b), 324 and 506(ii) IPC.

3.The learned counsel appearing for the petitioners submitted that the 2/6

petitioners and defacto complainant belong to same political party. Due to political enmity, the defacto complainant has given false complaint. The petitioners have not committed any offence as alleged by the prosecution. The petitioners are permanent resident, they will not abscond and are ready to furnish sureties. The learned counsel further submitted that the petitioners will abide by any conditions that may be imposed by this Court and prayed for granting anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that the petitioners and other accused are attacked the defacto complainant, abused him in filthy language and threatened him with dire consequences. The defacto complainant is discharged from the hospital. The investigation is pending and hence, he opposed for granting anticipatory bail to the petitioners.

5. Heard the learned counsel appearing for the petitioners as well as the learned Additional Public Prosecutor appearing for the respondent Police and perused the materials available on record.

6.Taking into consideration the facts and nature of offence alleged 3/6

against the petitioners and the defacto complainant is discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, 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 a copy of this common order before the Court of Judicial Magistrate No.II, Mannargudi, Tiruvarur District, on condition that each of the petitioners shall execute a bond for a sum of Rs.

10,000/- (Rupees Ten Thousand only) each with two sureties 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 concerned Judicial Magistrate, failing which, the petitions for anticipatory bail shall stand dismissed and on further condition that: (i) the petitioners and the sureties shall affix their Photographs and Left Thumb Impressions in the surety bonds and the said Magistrate may obtain copies of their Aadhar Cards or Bank Pass Books to ensure their identities. (ii)the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.

(iii) the petitioners shall not abscond either during investigation or 4/6

trial. The petitioners shall not tamper with evidence or witness either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the concerned 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, reported in 2005 AIR SCW 5560 (P.K. Shaji vs. State of Kerala) and (v) If the petitioners thereafter abscond, a fresh First Information Report shall be registered, under Section 229A of I.P.C. 7.Accordingly, both the Criminal Original Petitions are allowed. 28.05.2020 Index : Yes / No kj 5/6

V.M.VELUMANI, J., kj To 1.The Inspector of Police Paravakottai Police Station Tiruvarur District.

2.The Public Prosecutor, High Court, Madras.

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