Punniyakotti v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11050 of 2020 1.Punniyakotti ... Petitioners/Accused 1,2,3&5.
2.Laxmi 3.Balamurugan 4.Jayaprakash Vs.
The State represented by, ... Respondent/Complainant The Inspector of Police, Guduvancheri Police Station, Kancheepuram.
(Crime No.3298 of 2020) 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.3298 of 2020, on the file of the respondent. For Petitioners : Mr.K.Thenrajan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 324 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No. 3298 of 2020, on the file of the respondent police, seeks anticipatory bail. The case of the prosecution is that the petitioners and the defacto complainant are street vendors, on 13.07.2020 at about 05.30 p.m., there was a quarrel for putting the fruit shop between them, in this connection on 14.07.2020 at about 9.00 p.m., the petitioners and the other accused persons have abused the defacto
complainant and her daughter in filthy language and attacked them with hands and stones. Hence the complaint.
The learned Counsel for the petitioners submitted that there is a case in counter in Crime No.3299 of 2020 and that a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners.
The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital. He further submitted that there are no previous cases 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 and the fact that the victim has been discharged from the hospital and also that there is a case in counter, 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 after lifting of lockdown or the commencement of Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.II, Chengalpatu, 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 1, 3 & 4 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. The second petitioner shall report before the respondent daily at 10.30 a.m., for a period of one week 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.
With the above directions, this Criminal Original Petition is ordered.
-sd/- 24/07/2020 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, CHENGALPATU.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, GUDUVANCHERI POLICE STATION, KANCHEEPURAM.
+1 CC to M/S. K.THENRAJAN Advocate on payment of necessary charges SR.NO.5777 CRL OP.11050/2020 Date :24/07/2020 TA-29/07/2020