Ponnarasu v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixth day of May Two Thousand Twenty One PRESENT The Hon`ble Ms Justice R.N. MANJULA CRIMINAL ORIGINAL PETITION No.8786 of 2021 1 PONNARASU [ PETITIONER / ACCUSED ] 2 SATHISH Vs STATE REP. BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, ARAMBAKKAM POLICE STATION, THIRUVALLUR DISTRICT.

(CRIME NO. 87 OF 2021) For Petitioner : M/S. R.SASIKUMAR Advocate For Respondent : M/S.T.SHUNMUGARAJESWARAN Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 323, and 506(i) of IPC. in Crime No.87 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on account of previous enmity between the petitioners and the de-facto complainant, there was a wordy quarrel between them, due to which, the petitioners are said to have assaulted the defacto complainant and abused them in filthy language, thereby, the defacto complainant sustained injuries. Hence, the complaint was registered.

3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that on account of previous enmity, there was a wordy quarrel between the petitioners and the defacto complainant, due to which, the petitioners are said to have assaulted the defacto complainant abused him in filthy language, thereby, the defacto complainant sustained injuries. He would further submit that the de-facto complainant has not sustained any external injury and the defacto complainant was treated as out patient. However, he opposed for grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Gummidipoondi on condition that each of the petitioners shall execute a separate bond for a sum of Rs.

(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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed

and the petitioner 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 06/05/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, GUMMIDIPOONDI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION].

3 THE SUB-INSPECTOR OF POLICE, ARAMBAKKAM POLICE STATION, THIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges SR.NO. 5934 CRL OP.8786/2021 Date :06/05/2021 MN-12/05/2021