Revathi v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2020
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.8175 of 2020 Revathi ... Petitioner Vs.
State represented by ... Respondent The Inspector of Police, Devangudi Police Station, Thiruvarur.
Crime No.27 of 2020.
PRAYER: Criminal Original Petitioner has been filed under Section 438 Cr.P.C to grant anticipatory bail to the petitioner in the event of arrest by the respondent police in Crime No.27 of 2020 pending investigation on the file of the respondent police. For Petitioner :
Mr.M.Jai Kumar For Respondent :
Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 294(b), 324, 506(ii) IPC & 4 of TNPWH Act in Crime No.27 of 2020 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there is a property dispute between the parties which let to a wordy quarrel and the defacto complainant sustained injury.
3.
The learned counsel for the petitioner submitted that the co-accused had been granted anticipatory bail by this Court in Crl.OP.No.8174 of 2020 by order dated 05.06.2020. 4.
Mr.Mohammed Riyaz, learned Additional Public Prosecutor appearing on behalf of the respondent submitted that the injured had been discharged from the hospital and the co-accused has already been granted anticipatory bail by this Court.
5. Taking into consideration of the facts and circumstances of the case, this Court is inclined to grant of anticipatory bail to
the petitioner with certain conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned District Munsif cum Judicial Magistrate, Needamangalam, on condition that the petitioner 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 petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police as and when required for interrogation.
[c] the petitioner shall not tamper with evidence or witness either during trial.
[d] the petitioner shall not abscond either during trial. [e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 10/06/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEEDAMANGALAM.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE ASSISTANT SESSIONS JUDGE, TIRUVARUR 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, DEVANGUDI POLICE STATION, THIRUVARUR DISTRICT.
CC to M/S.M.JAIKUMAR Advocate on payment of necessary charges CRL OP.8175/2020 Date :10/06/2020 TA-09/09/2020