Keerthana v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.11929 of 2020 Keerthana ... Petitioner/2nd Accused Vs.

The State represented by, The Inspector of Police, Karipatti Police Station, Valappady, Salem District.

... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in Crime No. 335 of 2020, on the file of the respondent police. For Petitioner : Mr.S.T.Bharath Gowtham For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 427, 324 and 506(ii) of IPC, in Crime No. 335 of 2020, on the file of the respondent police, seeks anticipatory bail. The case of the prosecution is that on 23.05.2020 at about 08.30 p.m., the petitioner and her brother damaged the common pipeline in the common well and it was questioned by the complainant Muthusamy, the petitioner and her brother threatened the complainant and also attacked him with wooden log and thereby, the complainant has sustained injuries. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that there was a wordy quarrel took place between the parties for drawing water from common well and that there was also a property dispute between them. He would further submit that the injured has been discharged from the hospital and that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

Taking into consideration the facts and submissions of the learned Counsel and the fact that the victim has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions; Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate cum District Munsif, Valapady, Ambur, on condition that the petitioner 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 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 every day at 10.30 a.m., for a period of one week 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 abscond, a fresh FIR can be registered under Section 229A IPC.

With the above directions, this Criminal Original Petition is ordered.

-sd/- 07/08/2020 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 CUM DISTRICT MUNSIF, VALAPADY 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KARIPATTI POLICE STATION, VALAPPADY, SALEM DISTRICT.

CC to S.T.BHARATH GOWTHAM Advocate on payment of necessary charges CRL OP.11929/2020 Date :07/08/2020 RVR 17/09/2020