Periya Chellamuthu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11013 of 2022 1 PERIYA CHELLAMUTHU [ PETITIONERS / ACCUSED ] 2 S.KALIAPPAN Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MOOLANUR POLICE STATION, TIRUPPUR DISTRICT.

CR.NO.119 OF 2022.

For Petitioner : M/S.P.KALIMUTHU Advocate For Respondent : A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 417 and 506(i) of IPC in Crime No. 119 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainant are relatives and already there was a civil dispute between them and the same was disposed of by Lok Adalat in favour of the petitioners. By using the Decree, the petitioners are trying to evict the defacto complainant from the disputed property, as a result of which, there arose a wordy quarrel between them. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the petitioners and the defacto complainant are relatives and the dispute is with regard to their ancestral property. He further stated that the petitioners prepared a forged settlement deed and

obtained order in favour of them through Lok Adalat and by using the said Decree they are trying to evict the defacto complainant. However, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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 on which the order copy made ready, before the learned Judicial Magistrate, Dharapuram, Tiruppur District, on condition that each of 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 as and when required for interrogation.

[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.

-sd/- 18/05/2022 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, DHARAPURAM, TIRUPPUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUPPUR DISTRICT.

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, MOOLANUR POLICE STATION, TIRUPPUR DISTRICT.

+1CC to M/S.P.KALIMUTHU Advocate on payment of necessary charges SR.7190 CRL OP.11013/2022 Date :18/05/2022 SRG 20/05/2022