Lakshmanan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A. D. JAGADISH CHANDIRA Crl.O.P.No.12619 of 2020 1.Lakshmanan ... Petitioners/Accused 2.Banu 3.Aasha 4.Vinothini 5.Selvi Vs.

State Rep. By

...Respondent/Complainant

The Sub-Inspector of Police, Chithamoor Police Station Chengalpet District.

(Crime No. 578 of 2020) Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest in Crime No. 578 of 2020 on the file of the respondent police.

For Petitioners : Mr. P.Anbazhagan For Respondent : Mr. K.Prabakar Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC read with 4 of TNPHW Act 2002 in Crime No. 578 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the defacto complainant is that the petitioners entered into the defacto complainant's land and when it was questioned, the petitioners had attacked him with knife.

3. The learned counsel for the petitioners would submit that the petitioners and the defacto complainant are neighbours and due to wordy quarrel, the petitioners were assaulted by the defacto complainant in respect of which a case in Crime No.571 of 2020 has been registered against the defacto complainant and his family members and as a counter blast, the present case has been registered.

4. The learned Additional Public Prosecutor would submit that due to a dispute regarding disposal of garbage, the petitioners assaulted the defacto complainant and they are neighbours and they are continuously fighting with each other. He would further submit that a previous case in Crime No.91 of 2020 is registered against the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsels, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Madurantakam, 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, 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., 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 19/08/2020 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, MADURANTAKAM.

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

4 SUB INSPECTOR OF POLICE, CHITHAMOOR POLICE STATION, CHENGALPET DISTRICT.

CC to M/S.P.ANBAZHAGAN Advocate on payment of necessary charges CRL OP.12619/2020 Date :19/08/2020 TA-14/09/2020