Dhanasekaran v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.05.2021
CORAM
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI Crl.OP.No.9573 of 2021
1. Dhanasekaran ... Petitioners
2. Ezhilarasi Vs.
State rep.by ... Respondent The Inspector of Police Varanjaram Police Station Kallakurichi District (Crime No.243 of 2021) Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.243 of 2021 on the file of the respondent police. For Petitioners : Mr.C.E. Pratap For Respondent : Mr.A. Damodaran Government Advocate (Crl. side)
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 294(b) and 506(1) of IPC, in Crime No.243 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there is a wordy quarrel arose between the defacto complainant and the petitioners about the purchase of second hand washing machine and the petitioners are alleged to have verbally abused the defacto complainant in filthy language and intimidated her with dire consequences and hence the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners and the defacto complainant are neighbours and also related to each other and submitted that there was only a wordy quarrel between them and there was no physical attack whatsoever alleged in the complaint. The learned counsel appearing for the petitioners further submitted that a false case has been foisted against the petitioners and that the petitioners are innocent and the defacto complainant has filed the above complaint
only to harass the petitioners and further submitted that the petitioners are ready to obey the conditions that may be imposed by this Hon'ble court and prays to grant Anticipatory bail to the petitioners.
4. The learned Government Advocate appearing for the respondent would submit that the petitioners abused and assaulted the defacto complainant and and that no previous case is pending against the petitioners. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances of the case and the fact that there is no previous case against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of four weeks from the date of normal functioning of the Court below, (i.e.,) before the learned Judicial Magistrate No.I, Kallakurichi, on condition that each of 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 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 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.
-sd/- 26/05/2021 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.I, KALLAKURICHI.
2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VARANJARAM POLICE STATION, DHARMAPURI DISTRICT.
+1 CC to M/S.C.E.PRATAP Advocate on payment of necessary charges SR.NO.6321 CRL OP.9573/2021 Date :26/05/2021 TA-17/06/2021