M.Arun v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.10797 of 2020 M.Arun ... Petitioner Vs.

State rep by The Inspector of Police, Kottapatti Police station, Dharmapuri District, Crime No.201 of 2020 ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in Crime No.201 of 2020 on the file of the respondent police.

For Petitioners : M/s.J.Pradeep V.Gunasekar N.Desinghu For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioner who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 294 (b), 324 and 506(ii) IPC in Crime No.201 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant and her son were assaulted by the petitioner with cricket bat and stone during the wordy quarrel which took place between them when the petitioner was trying to pick up the cricket ball which fell into the land of the defacto complainant. Hence the compliant was lodged on 09.05.2020.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and no assault was made by the petitioner as alleged in the complaint and he has been falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner attacked the defacto complainant and her son during the wordy quarrel between them and caused injury and they have been now discharged from the hospital and there are no previous cases against the petitioner and he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the victims have been discharged from the hospital and there are no previous cases pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Harur, Dharmapuri District, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two surety, 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 petitioner 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 petitioner shall report before the respondent 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 petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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.

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

-sd/- 21/07/2020 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, HARUR, DHARMAPURI DISTRICT.

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

4 THE INSPECTOR OF POLICE, KOTTAPATTI POLICE STATION, DHARMAPURI DISTRICT.

CC to M/S. J.PRADEEP Advocate on payment of necessary charges CRL OP.10797/2020 Date :21/07/2020 MK:17/08/2020