Shanmugasundram v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12673 of 2020 1.Shanmugasundram M/A 27 years, S/o.Seelanaickan 2.Sanjeevi Kumar, M/A 26 years, S/o.Sadhasivam, 3.Seelanaaikar M/A 53 years, S/o.Periyathammanaaikar, 4.Sadhasivam M/A51 years, S/o.Periyathammanaaikar, 5.Devarajan M/A 54 years, S/o.Periyathammanaaikar, 6.Rajkutti @ Rajkannu, S/o.Muthusamy, all the petitioners are residing at Pukkampatti, Mecheri Village, Mettur Taluk, Salem District - 636451.

... Petitioners/Accused Nos.1 to 6 Vs.

The State represented by, The Inspector of Police, Mecheri Police Station, Salem District.

(Crime No. 745 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of arrest in Crime No. 745 of 2020 on the file of the respondent police. For Petitioners : Mr.M.Subash 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 alleged offences punishable under Sections 147, 148, 294(b), 354, 323, 324 and 506(ii) of IPC in Crime No.745/2020, on the file of the respondent police, seek anticipatory bail.

The case of the prosecution is that due to pathway dispute between the defacto complainant and petitioners, quarrel took place between the parties. Due to which, the petitioners have attacked with Iron rod, wooden stick, stones and hands and thereby, the defacto complainant and two other persons have sustained injuries on head and body. Hence, the complaint.

The learned Counsel for the petitioners submitted that there is a case in counter in Crime No.744 of 2020 and that a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners.

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

Taking into consideration the facts and submissions of the learned Counsel and the fact that the victims have been discharged from the hospital and also that there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

Accordingly, the petitioners are directed to be released on bail in the event of arrest or on their appearance, within a period of fifteen days after lifting of lockdown or the commencement of Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.II, Mettur, on condition that each petitioner 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 every day 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 abscond, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 20/08/2020 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.II, METTUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, MECHERI POLICE STATION, SALEM DISTRICT.

CC to M/S.M.SUBASH Advocate on payment of necessary charges CRL OP.12673/2020 Date :20/08/2020 RD 11/09/2020