Ettu @ Gunasekaran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.07.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9997 of 2020
1. Ettu @ Gunasekaran
...Petitioners
2. Sethuraman
3. Seeman
4. Krishnamoorthi Vs.
State Rep. By ... Respondent The Inspector of Police, Kottur Police Station, Thiruvarur District.
(Cr. No.19 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.19 of 2020 on the file of the respondent police. For Petitioners: Mr.Swami Subramanian For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 341, 294(b), 323 and 506(i) of IPC, in Crime No.19 of 2020, on the file of the respondent police, seek anticipatory bail.
2. It is the case of the prosecution that due to previous enmity, the petitioners attacked the defacto complainant and abused in a filthy language. Hence the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. In fact, the defacto complainant only attacked the first petitioner and abused him in a filthy language, for which the petitioners also lodged a complaint against the defacto complainant. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that there was a wordy quarrel between the parties and the petitioners attacked the defacto complainant and also abused in a filthy language. He would further submit that the injured
has been discharge from the Hospital and there are no previous cases pending against the petitioners. Hence he opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact 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 their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Mannargudi, Thiruvarur, on condition that each of the petitioner 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/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 abscond/s, a fresh FIR can be registered under Section 229A IPC.
-sd/- 03/07/2020 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 NO.II, MANNARGUDI, THIRUVARUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KOTTUR POLICE STATION, THIRUVARUR DISTRICT.
CC to M/S SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.9997/2020 Date :03/07/2020 TA-28/07/2020