Vishnu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.06.2021 CORAM :

THE HON'BLE Mr.JUSTICE M.DHANDAPANI Crl.O.P.No.11143 of 2021 1.Vishnu 2.Vignesh 3.Harikrishnan 4.Mangalakshmi 5.Sri Vidhya 6.Mayakrishnan ... Petitioners/Accused Nos.1 to 6 Vs.

State Rep.by The Inspector of Police, Thirukoilur Police Station, Kallakurichi (Crime No.701 of 2021) ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 438 of Cr.P.C., to enlarge the petitioners on bail in the event of their arrest in Crime No.701 of 2021 on the file of the Respondent Police. For Petitioners : Mr.S.Gowsik Sundar For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 294(b), 323, 324 and 506(ii) IPC @ 147, 148, 294(b), 323, 324, 506(ii) and 307 IPC, in Crime No.701 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to wordy quarrel, while playing goli gundu, the petitioners were abused and assaulted the de-facto complainant and his sons with iron vel, as a result of which the defacto complainant and his sons sustained injuries.

Hence, the law enforcing agency registered a complaint against the petitioners.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Criminal Side) would submit that this is a case in counter and totally there are six accused involved in this case and due to previous enemity between the petitioners and the defacto complainant, this occurrence took place and while the defacto complainant playing goli gundu, at that time the petitioners abused and assaulted the defacto complainant and his sons with iron vel. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5.Heard the learned counsel appearing for the petitioners as well as the learned Government Advocate (Crl.Side) appearing for the respondent police.

6.Taking into consideration, the facts and circumstances of the case and the submissions made by the learned counsel and also of the fact that the injured has been discharged from the hospital and there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions: 7.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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thirukoilur, on condition that each of the petitioner shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police daily at 10.30 a.m., for a period of two 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 29/06/2021 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, THIRUKOILUR.

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

4 THE INSPECTOR OF POLICE, THIRUKOILUR POLICE STATION, KALLAKURICHI.

CC to M/S.S.GOWSIK SUNDAR Advocate on payment of necessary charges CRL OP.11143/2021 Date :29/06/2021 cs 15/07/2021