Rajasekar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12357 of 2020 1.Rajasekar 2.Masi 3.Madhu @ Mathammal ... Petitioners Vs.

The State Rep. by The Inspector of Police, Kaveripattinam Police Station, Krishagiri District.

(Crime No.994 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail, in the event of their arrest in Crime No.994 of 2020 pending investigation, on the file of the respondent police.

For Petitioners : Mr.M.Jayachandran For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners who apprehend arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 324, 506(ii), 379 of IPC and r/w 4 of Tamilnadu Prohibition of Harassment Act 2002, in Crime No.994 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity a wordy quarrel arose between the petitioners and the defacto complainant, the petitioners abused and attacked the defacto complainant with hands and stick and also threatened him with dire consequences and thereby the defacto complainant sustained injuries and his daughter gold Chine was missing. Hence, the complaint.

3. The learned Counsel for the petitioners submitted that the petitioners are innocent person and they have not committed any offence as alleged by the prosecution and a false case has been foisted against them. He further submitted that the petitioners and the defacto complainants are close relatives. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the injured has been discharged from the hospital. He further submitted that there are no previous cases pending as against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest by the respondent police or on their appearance, within a period of fifteen days after lifting of lockdowm or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate-I, Krishnagiri, on condition that the petitioners 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 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 every Monday 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 17/08/2020 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, NO.I, KRISHNAGIRI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, KAVERIPATTINAM POLICE STATION, KRISHNAGIRI DISTRICT.

CC to M/S. M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.12357/2020 Date :17/08/2020 cs 03/09/2020