Jagadesan v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2020
CORAM
THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.11420 of 2020
1. Jagadesan
2. Dinakaran ... Petitioners Vs.
The State Represented by, The Inspector of Police, Timiri Police Station, Ranipet District.
Crime No.589 of 2020.
... Respondent Prayer:
Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of arrest in Connection with the Crime No.589 of 2020 pending on the file of the respondent police.
For Petitioners : Ms. S. Sivaranjani For Respondent : Mr. M. Mohamed Riyaz, Additional Public Prosecutor
ORDER
(This 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 147, 294(b), 323 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 1998 in Crime No.589 of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that the petitioners and the defacto complainant are neighbours and that due to money dispute, there was a wordy quarrel between them during which, the petitioners abused and attacked the defacto complainant and thereby, the defacto complainant sustained injuries. Hence, the complaint.
3. The learned Counsel for the petitioners would submit that there is a case in counter in Crime No.590 of 2020 and that a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the defacto complainant and the petitioners are neighbours and there was a wordy quarrel between them. At that time, the petitioners abused and assaulted the defacto complainant due to which, the defacto complainant sustained simple injury and he took treatment as out patient. He further submitted that there is no previous case against the petitioner. However, he opposed for grant of anticipatory bail to the petitioners.
5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the injured was treated as out patient and that there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;
6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate Court No.I, Walajapet, Ranipet 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 every day 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 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.
8. With the above directions, this Criminal Original Petition is ordered.
-sd/- 31/07/2020 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, WALAJAPET, RANIPET DISTRICT.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, TIMIRI POLICE STATION, RANIPET DISTRICT.
CC to M/S. S.SIVARANJANI Advocate on payment of necessary charges CRL OP.11420/2020 Date :31/07/2020 cs 03/09/2020