C.Parthiban v. The 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.O.P.No.9629 of 2021
1. C.Parthipan, S/o.Chandrasekaran
2. P.Aruna, W/o.C.Parhipan
3. C.Anbuvel, S/o.Chandrasekaran 1 to 3 residing at No.215, Mariamman Koil Street, Perumbakkam, Ulundurpet, Villupuram - 607 204
4. A.Sargunam, No.465, Mariyammal Koil Street, Maragadhapuram, Villupuram - 605 401.
... Petitioners Vs.
State Represented by The Inspector of Police, Thirunavalur Police Station, Villupuram - 607 204.
Cr.No.346 of 2021.
... Respondent Prayer : Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.346 of 2021 on the file of the respondent police. For Petitioners : Mr.J.Prakasam For Respondent : Mr.A.Damodaran Government Advocate (Crl. side)
O R D E R
The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294 (b), 323, 324, 506 (ii) and 307 of IPC of in Crime No.346 of 2021, seek anticipatory bail.
2. The case of the prosecution is that there was a quarrel between the petitioners and the defacto complainant and it is alleged that the petitioners assaulted the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.side) would submit that the petitioners attacked the defacto complainant and the injured discharged from the hospital. Hence he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case and the fact that the injured has been discharged from the hospital, 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.II, Ulundurpet, on condition that the each of the petitioners 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 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/s, a fresh FIR can be registered under Section 229A IPC.
26.05.2021 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order ub
To
1. The Judicial Magistrate No.II Ulundurpet.
2. The Inspector of Police, Thirunavalur Police Station, Villupuram - 607 204.
3. The Public Prosecutor, Madras High Court, Chennai.
T.V.THAMILSELVI, J.
ub Crl.O.P.No.9629 of 2021 26.05.2021