Marudhapandian v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.10405 of 2021 1.Marudhapandian 2.Ayyathurai 3.Chithra 4.Indhirani 5.Ramaamirtham

...Petitioners

Versus

State Rep. by The Inspector of Police, Thoothur Police Station, Thoothur, Ariyalur District.

(Cr.No.124 of 2021)

...Respondent

PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on anticipatory bail in the event of arrest by the respondent Police in Crime No.124 of 2021 on the file of the respondent Police, Thoothur Police Station, Thoothur, Ariyalur District.

For Petitioners: Mr.C.Prakasam For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

ORDER

The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 147, 148, 294(b), 323 and 324 IPC in Cr.No.124 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity with regard to the boundaries of their respective lands, there was a wordy quarrel between the petitioners and defacto complainant and thereby, the petitioners attacked the defacto complainant and he was hospitalised. Based on the complaint of the defacto complainant, the Law Enforcing Agency registered a case against the petitioners.

3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they are falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) submits that injured person has been discharged from the hospital and there is no previous case pending against the petitioners.

5. Considering the fact that the injured has been discharged from the hospital and there is also no previous case against the petitioners, 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-II, Ariyalur, Ariyalur District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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. until further orders;

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

This Criminal Original Petition is ordered accordingly. -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-II, ARIYALUR, ARIYALUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, THOOTHUR POLICE STATION, THOOTHUR, ARIYALUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. C.PRAKASAM Advocate on payment of necessary charges SR.NO. 6490 CRL OP.10405/2021 Date :15/06/2021 MN-05/07/2021