Komathi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.05.2021
CORAM
THE HONOURABLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.8806 of 2021
1. Komathi
2. Vindhiya @ Vidhiya
3. Karthikeyan
4. Iyyappan
5. Bharathi .. Petitioners Vs.
The State represented by The Sub Inspector of Police, Vellavedu Police Station, Thiruvallur District.
Crime No.153 of 2021 .. Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.153 of 2021 on the file of the Respondent Police.
For Petitioners : Mr.R.Sasikumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner, who apprehends arrest for the alleged offences under Sections 147, 441, 294 (b), 323, 397, 427 of IPC, r/w. Section 4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.153 of 2021 on the file of the respondent police,seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity, the petitioners along with other accused assaulted the defacto complainant with hands, thereby the defacto complainant sustained simple injuries. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the de-facto complainant has not sustained any external injury and he further submitted that there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners. 4.Considering the above facts and circumstances of the case and also of the fact that the victim has no injury, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
5.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Poonamallee, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, 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 conditions 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, every day daily at 10.30 a.m., for a period of one week and thereafter, as and when required for the 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 anticipatory 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.
-sd/- 12/05/2021 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 JUDICIAL MAGISTRATE, NO.II, POONAMALLEE 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 SUB INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, THIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S R.SASIKUMAR Advocate on payment of necessary charges Sr.6092 CRL OP.8806/2021 Date :12/05/2021 RVR 15/06/2021