Mohan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.07.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 10336 of 2020 1.Mohan 2.Jeevanantham ... Petitioners/A1 & A2 Vs.
The Inspector of Police, Muthupettai Police Station, Tiruvarur District.
(Crime No.1385 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest in Crime No.1385 of 2020 on the file of respondent - the Inspector of Police, Muthupettai Police Station, Tiruvarur District. For Petitioners : Mr.N.Palanivel 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 having allegedly committed the offences punishable under Sections 294(b), 352 and 506(1) of IPC, in Crime No. 1385 of 2020, have filed this Criminal Original Petition, under Section 438 of Cr.P.C, seeking anticipatory bail. The case of the prosecution is that the defacto complainant has lodged a complaint against the petitioners and on 23.05.2020 at 5.p.m., while an enquiry was conducted by the Tahsildar over a complaint in respect of Aquarium (Prawn) Farm, the petitioners have intimidated the defacto complainant criminally and abused him in unparliamentary words. Hence, the complaint. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners have abused the defacto complainant in unparliamentary language and intimidated him. He submitted that no one sustained injury. He further submitted that there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions; Accordingly, the petitioners are directed 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, Thiruthuraipoondi, on condition that each of the petitioner 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 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, a fresh FIR can be registered under Section 229A IPC.
8.With the above directions, this Criminal Original Petition is ordered.
-sd/- 09/07/2020 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, THIRUTHURAIPOONDI.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, MUTHUPETTAI POLICE SATATION, TIRUVARUR DISTRICT.
CC to M/S. N.PALANIVEL Advocate on payment of necessary charges CRL OP.10336/2020 Date :09/07/2020 cs 20/07/2020