Muthukaruppan @ Ranjith v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2020

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P. No.8725 of 2020 Muthukaruppan @ Ranjith ... Petitioner Vs.

The State represented by The Inspector of Police, Thudialur Police Station, Coimbatore. ... Respondent Prayer : Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.98 of 2020 on the file of the respondent Police.

For Petitioner : Mr.A.Raja Mohamed For Respondent : Mr.Mohammed Riyaz Additional Public Prosecutor

ORDER

The petitioner/Accused who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 448, 324 and 506(ii) of IPC in Crime No.98 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was having a love affair with the daughter of the defacto complainant. It is the further case of the prosecution that both of them were classmates. There was some misunderstanding between the parties and the petitioner is said to have trespassed into the house of the defacto complainant and abused using filthy language and attacked the daughter of the defacto complainant with blade resulting in the victim sustaining injury in the leg. This incident is said to have taken place on 19.02.2020 and the complaint was given on 23.02.2020, pursuant to which the FIR was registered.

3.The learned counsel appearing for the petitioner submitted that the victim girl got into an affair with another boy and therefore, the petitioner was agitated and he merely shouted at the victim girl by entering into her house. The learned counsel submitted that the petitioner is aged about 20 years and he had no pre-meditation to attack the victim girl. 4.The learned Additional Public Prosecutor appearing on behalf of the respondent Police submitted that the petitioner went to the extent of attacking the victim girl with a sharp object. As a result of which, she sustained injury in her leg. The learned counsel further submitted that the victim girl has been discharged from the hospital and there is no previous case against the

petitioner.

5.Taking into consideration the facts and circumstances of the case and also the age of the petitioner and the fact that the petitioner and the victim girl had a prior relationship, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 made ready, before the learned Judicial Magistrate I, Coimbatore on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties each for a like sum, out of which, one surety shall be a blood relative 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 Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police on every Monday and Friday at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

N.ANAND VENKATESH,J.

vkr [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 persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

16.06.2020 vkr Index :Yes/No Internet : Yes/No To 1.The Judicial Magistrate NoII, Coimbatore District.

2.The Inspector of Police, Thudialur Police Station, Coimbatore.

3.The Public Prosecutor, Madras High Court, Madras.

CRL.O.P. No.8725 of 2020