Venkatesan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.06.2021
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Crl.O.P.No.10187 of 2021 Venkatesan ... Petitioner Vs.
State rep. by The Inspector of Police, Kottakuppam Police Station, Villupuram District.
... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in connection with the Crime No.84 of 2021, on the file of the respondent police.
For Petitioner : Mr.G.Mohammed Aseef For Respondent : Mr.L.Baskaran Government Advocate (Crl.side)
O R D E R
(The case has been heard through video conference) The petitioner apprehends arrest by the respondent police for the offences punishable under Sections 294(b), 323, 506(i) of IPC, r/w 4 of TNPWH Act in Crime No. 84 of 2021 and he seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and the defacto complainant are siblings. It is the case of the prosecution that the petitioner assaulted the defacto complainant on account of some property dispute.
3. However, it is the case of the petitioner that he is innocent and he is no way connected with the alleged offence and a false case has been foisted against him.
4. The learned Government Advocate (Crl.side) appearing for the respondent police on instructions would submit that the defacto complainant sustained minor injuries and was treated as out patient. It is also submitted by him that one previous case is pending against the petitioner pertaining to the same property dispute.
5. After giving due consideration to the afore mentioned factors and in view of the fact that the dispute is a property dispute, this Court is inclined to grant anticipatory bail to the petitioner subject to the fulfilment of the following conditions.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of lifting of lock down or the commencement of Courts normal functioning whichever is earlier, before the learned Judicial Magistrate, Vanur 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 conditions 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 as and when required for interrogation.
[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/s, a fresh FIR can be registered under Section 229A IPC.
-sd/- 10/06/2021 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, VANUR.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KOTTAKUPPAM POLICE STATION, VILLUPURAM DISTRICT.
CC to M/S.G.MOHAMMED ASEEF Advocate on payment of necessary charges CRL OP.10187/2021 Date :10/06/2021 cs 09/07/2021