Agathiyan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12809 of 2020 Agathiyan M-22, A-2, S/o.Velu @ Velusamy, Mettur R.S., Mettur Taluk, Salem District.

... Petitioner/Accused Vs.

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

(Crime No. 423 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in Crime No. 423 of 2020 on the file of the respondent police. For Petitioner : Mr.R.Thriumoorthy For Respondent : Mr.K.Prabakar Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 323, 324, 506(ii) and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 in Crime No. 423 of 2020, on the file of the respondent police, seeks anticipatory bail. The case of the prosecution is that while the defacto complainant's sister was standing before her house, A1 & A2 in drunken mood teased her, thereafter when the defacto complainant along with his sister was proceeding to give complaint to police, the petitioner along with other accused attacked the defacto complaint and his sister with stones and hands. Hence, the complaint. The learned counsel for the petitioner submitted that the petitioner is an innocent person and that due to previous enimity, a

false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioner.

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

Taking into consideration the facts and submissions of the learned Counsel and the fact that the victims have been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions; Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his 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 the 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 petitioner 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 petitioner shall report before the respondent police every day at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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.

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

-sd/- 21/08/2020 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, KARUMALAIKOODAL POLICE STATION, SALEM DISTRICT.

CC to M/S. R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.12809/2020 Date :21/08/2020 RD 10/09/2020