Madras High CourtCRL OP/9122/2021granted

Lingasamy v. State Rep By

2021-05-13Honourable Mrs Justice S.Kannammal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.05.2021

CORAM

THE HONOURABLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.9122 of 2021 1.Lingasamy 2.Rangathal 3.Sridharan 4.Kalaiselvan ... Petitioners Vs.

State of Tamil Nadu represented by The Inspector of Police Dhaapuram Police Station Tiruppur District (Crime No.189 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 respect of Crime No.189 of 2021 on the file of the Inspector of Police, Dharapuram Police Station, Tiruppur District.

For Petitioner : Mr.S.Arjun For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The 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 294(b), 324 and 506(II) of IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.189 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that due to family dispute, on 26.03.2021 at about 10.30 a.m., the petitioners abused and assaulted the defacto complainant and his son. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that there is a case in counter against the defacto complaint. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that due to family dispute the petitioners abused and assaulted the defacto complainant and his son. However, there is no external injuries on the victims. He would further submit that there is a case in counter against the defacto complainant. However, he vehemently opposed for grant of anticipatory bail.

5. Taking note of the facts and circumstances of the case and also of the fact that there is no external injuries on the victims and that there is a case in counter against the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions;

6. Accordingly, the petitioners are odered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Dharapuram, 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 13/05/2021 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, DHARAPURAM.

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

4 THE INSPECTOR OF POLICE, DHARAPURAM POLICE STATION, TIRUPPUR DISTRICT.

+1 CC to M/S S.ARJUN Advocate on payment of necessary charges SR.No.6214 CRL OP.9122/2021 Date :13/05/2021 cs 28/05/2021