Muthurappa v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9749 of 2020
1. Muthurappa
...Petitioners
2. Venkatesh
3. Harish
4. Kathirappa
5. Shankar @ Shankarappa ~Vs~ State rep. by its
...Respondent
The Inspector of Police, Thally Police Station, Krishnagiri District.
(Crime No.329 of 2020) Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.329 of 2020 on the file of the respondent police. For Petitioners : Mr. M.P.Saravanan For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
ORDER
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 307 of IPC in Crime No.329/2020, seek anticipatory bail.
2. The case of the prosecution is that the petitioners along with other accused abused the defacto complainant with filthy langauge and caused grievous injury during the wordy quarrel between them and hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and due to previous enmity, the defacto complainant has falsely implicated the petitioners in this case. 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 his friends during the wordy quarrel between them and caused injury and the injured have been now discharged from the hospital and there is no previous case against the petitioners and he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances of the case, 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum Judicial Magistrate Court, Denkanikottai, 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, out of which one surety shall be blood related, 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 four 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].
[f] If the accused' thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 30/06/2020 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 COURT, DENKANIKOTTAI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, THALLY POLICE STATION, KRISHNAGIRI DISTRICT.
CC to M/S M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.9749/2020 Date :30/06/2020 TA-14/08/2020