← Library
Madras High CourtCRL OP/10337/2021granted

K.Kumaresan v. State, Rep By

2021-06-15Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10337 of 2021

1. K.Kumaresan ... Petitioners

2. G.Seetharaman

3. Dilli Babu

4. G.Ramesh

5. G.Ravi Varman Vs.

State represented by its, ... Respondent The Inspector of Police, C-2 Olakkur Police Station, Tindivanam, Villupuram District.

(Crime No.333 of 2021) PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.333 of 2021 in the event of arrest on the file of the respondent Police Station.

For Petitioners : Mr.P. Dinesh Kumar For Respondent : Mr.A. Gopinath Government Advocate

ORDER

The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 294(b), 323, 324 and 506(II) of IPC in Crime No.333 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and the defacto complainant are family members and there was family dispute between them. Due to which the petitioners abused the defacto complainant with filthy language and also attacked him. Due to which the defacto complainant sustained injuries. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) would submit that due to family dispute the petitioners abused the defacto complainant and also attacked him. Due to which, the defacto complainant sustained injuries. He would further submit that the injured person has been discharged from the hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioners. 5.Considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate - I, Tindivanam, on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- each (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 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 Court concerned 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..

© 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 petitioner 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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 15/06/2021 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, NO.I, TINDIVANAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, C-2, OLAKKUR POLICE STATION, TINDIVANAM, VILLUPURAM DISTRICT.

+1 CC to M/S.D.RAVICHANDER Advocate on payment of necessary charges SR.NO.6605 CRL OP.10337/2021 Date :15/06/2021 TA-22/06/2021