Somu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.07.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10867 of 2020 1.Somu 2.Sagunthala ... Petitioners Vs.

State rep. by its The Inspector of Police Mannargudi Town Police Station, Thiruvarur District.

Crime No.719 of 2018 ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on anticipatory bail in the event of their arrest in Crime No.719 of 2018 on the file of the Inspector of Police, Mannargudi Town Police Station, Thiruvarur District.

For Petitioners : Mr.Swami Subramanian For Respondent : Mr.M. Mohammed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the alleged offences punishable under sections 294(b), 352, 323 and 506(ii) IPC r/w.4 of TN PHW Act in Crime No.719 of 2018 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to a money dispute the petitioners quarrelled with the defacto complainant and abused and attacked the defacto complainant and his wife and threatened them with dire consequences. Hence, the complaint.

3. The learned counsel for the petitioners would submit 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.

4. The learned Additional Public Prosecutor submitted that the defacto complainant is the son of the petitioners. There was a quarrel in respect of money during which, the petitioners abused and attacked the defacto complainant and his wife and thereby caused injuries. He would further submit that there is no previous case as against the petitioners and that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and also of 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 their arrest by the respondent police or on their appearance, within a period of fifteen days after lifting of lockdowm or the commencement of Court's normal functioning whichever is earlier, before the learned Judicial Magistrate-I, Mannargudi, Thiruvarur District, on condition that 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 every monday at 10.30 a.m., until further orders.

[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.

8.With the above directions, this Criminal Original Petition is ordered.

-sd/- 22/07/2020 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.I, MANNARGUDI, THIRUVARUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE.

MANNARGUDI POLICE STATION, THIRUVARUR DISTIRCT.

CC to M/S. SWAMI SUBRAMANIAN Advocate on payment of necessary charges CRL OP.10867/2020 Date :22/07/2020 cs 18/08/2020