Suresh v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11687 of 2022 1 SURESH [ PETITIONERS / ACCUSED ] 2 MARIMUTHU 3 MUTHAIYA 4 KUMARASAMY 5 CHINNASAMY 6 UKKU @ RAJA Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ARUMBAVUR POLICE STATION, PERAMBALUR DISTRICT.

(CR.NO.109/2022) For Petitioner : M/S.D.ASHOK KUMAR Advocate For Respondent : M/S. 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), 342, 384, 385, 149 & 506(i) of IPC in Crime No.109 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the defacto complainant's daughter fell in love and eloped and got married with him. For which, the petitioners held Kattapanchayat and imposed a fine of Rs.50,000/- to the defacto complainant. Further, they tied his son in the tree and assaulted him and his family members. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he is no way connected with the said alleged offence. Hence, he prays to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor would submit that the the defacto complainant and the petitioners had previous enmity and the defacto complainant was threatened by the petitioners for marrying his daughter.

5.Considering the facts and circumstances of the case, there is previous enmity between the defacto complainant and the petitioners. Hence, 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 District Munsif-Cum-Judicial Magistrate, Veppanthattai, Perambalur District, 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 four weeks and thereafter 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 abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 19/05/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VEPPANTHATTAI, PERAMBALUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, ARUMBAVUR POLICE STATION, PERAMBALUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.D.ASHOK KUMAR Advocate on payment of necessary charges Sr.7586 CRL OP.11687/2022 Date :19/05/2022 RVR 24/05/2022