Raja v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 31.07.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11370 of 2020 Raja ... Petitioner Vs.

State rep. by its The Inspector of Police, Oomangalam Police Station, Cuddalore District.

Crime No.277 of 2020 ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of arrest in connection with crime No.277 of 2020 on the file of the Inspector of Police, Oomangalam Police Station, Cuddalore District.

For Petitioner : Mr.K.Sarath Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

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 147, 148, 341, 294(b), 324, 506(ii) & 307 IPC in Crime No. 277 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 20.05.2020, due to dispute over harvesting cashewnuts from the Government land, the petitioner along with other accused abused and attacked the defacto complainant with knife and iron rod. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the defacto complainant and his associates are the agressors and they assaulted the petitioner and his friends follwoing which, a complaint was given by the petitioner against the defacto complainant and the same was registered in Crime No.287 of 2020. He would further submit that due

to political influence, a false case has been registered against the petitioner. He would further submit that the co-accused has been enlarged on bail and the alleged victim has been discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that due to enmity regarding harvesting Cashewnuts from the Government land, the petitioner along with other accused attacked the defacto complainant and his friends with iron rod and knife resulting in the defacto complainant sustaining severe injuries. He would further submit that the injured has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also of the fact that the co-accused has been enlarged on bail, the victim has been discharged from the hospital and there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest by the respondent police or on his appearance, within a period of fifteen days from the date of lifting of lockdowm or the commencement of Court's normal functioning whichever is earlier, before the District Munsif cum Judicial Magistrate, Neyveli, on condition that the petitioner shall execute a 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 petitioner 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 petitioner 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.

[c] the petitioner 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 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].

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

7. 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEYVELI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, OOMANGALAM POLICE STATION, CUDDALORE DISTRICT.

CC to M/S. K.SARATHKUMAR Advocate on payment of necessary charges CRL OP.11370/2020 Date :31/07/2020 cs 02/09/2020