Rani v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Thirtieth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.8292 of 2021 1 RANI [ PETITIONERS / ACCUSED ] 2 LAKSHMI 3 PAZHANI 4 MALLIGA 5 RANGANATHAN 6 MADESH 7 PRAKASH 8 MATHAIYAN 9 VASUGI Vs STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, POCHAMPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

CRIME NO.102 OF 2021 For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : M/S.T.SHUNMUGARAJESWARAN, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 323, 324, & 506(ii) of IPC in Crime No.102 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on the date of occurrence, there was a wordy quarrel between the accused persons and the defacto complainant, as a result of which, the petitioners and other accused abused the de-facto complainant and his son in filthy language and assaulted them with stick all over the body and thereby, caused injuries to them. Hence the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) would submit that the victims have been discharged from the hospital. Hence, he opposed for grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and also taking note of the fact the victims have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following 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 of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Pochampalli, on condition that the petitioners shall execute a separate bond for a sum of Rs.

(a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 30/04/2021 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, POCHAMPALLI.

2 THE CHIEF JUDICIAL MAGISTRATE, KRISHNAGIRI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, POCHAMPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

+1CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR.NO.5648 CRL OP.8292/2021 Date :30/04/2021 MK:21/05/2021