Satheeshkumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9686 of 2020 1.Satheeshkumar, S/o.Thangavel, Aged about 29 years, No.1/120, Karungalthottam, Kariyankaliputur, Dharapuram, Tiruppur District.

2.Manimegalai, W/o.Satheeshkumar, Aged about 27 years, No.1/120, Karungalthottam, Kariyankaliputur, Dharapuram, Tiruppur District.

3.Priya, D/o.Thangavel, Aged about 26 years, No.1/120, Karungalthottam, Kariyankaliputur, Dharapuram, Tiruppur District.

... Petitioners Vs The State represented by The Inspector of Police, Kundadam Police Station, Tiruppur District.

(Crime No.767 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to enlarge the petitioners on bail in the event of their arrest in connection with in Crime No.767 of 2020 on the file of Respondent police.

For Petitioners : Mr.P.Kalimuthu For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

O R D E R

The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324, 506(ii) of IPC in Crime No. 767 of 2020 seeks anticipatory bail.

2. The case of the prosecution is that there was a quarrel between the petitioners and the defacto complainant and it is alleged that the petitioners assaulted the defacto complainant with hands and also abused in unparliamentary words. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the

petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners attacked the defacto complainant and the injured discharged from the hospital. There is no previous case. Hence he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are 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, Dharapuram, on condition that each of 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate 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 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 29/06/2020 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 JUDICIAL MAGISTRATE, DHARAPURAM 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE STATE REP BY KUNDADAM POLICE STATION, THIRUPPUR DISTRICT.

CC to M/S. P.KALIMUTHU Advocate on payment of necessary charges CRL OP.9686/2020 Date :29/06/2020 rd 28/07/2020