Appu@Sivaganesh v. The State Of Tamilnadu Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.Nos.13263 of 2020 Appu @ Sivaganesh ... Petitioner Vs.

State represented by ... Respondent The Inspector of Police, Vedaranyam Police Station.

(Crime No.988/2020) Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of their arrest in Crime No.988/2020 pending on the file of the respondent police. For Petitioners: Mr. S.N.Subramani For Respondent : Mr. M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the offences publishable under Sections 294 (b), 352 & 506(i) IPC in Cr. No.481 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de facto complainant is that there was wordy quarrel between the de facto complainant and the petitioner and due to which the petitioner assaulted the de facto complainant and he sustained simple injury. Hence the complaint.

3. Learned counsel for the petitioners would submit that the petitioner is innocent person and they have not committed any offence as alleged by the prosecution and are falsely implicated in this case. Therefore, he prays to grant anticipatory bail to the petitioner.

4. Learned Additional Public Prosecutor would submit that the petitioner had assaulted the son of the de facto complainant and a complaint was registered in Crime No.990 of 2020. He further submitted that when the de facto complainant had questioned the petitioner, they have assaulted the de facto complainant also causing simple injury and later he discharged from the hospital. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

[a] Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Vedaranyam, on condition that the petitioners shall execute a 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:

[b] 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.

[c] the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial. [e] the petitioner shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 31/08/2020 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, VEDARANYAM 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VEDARANYAM POLICE STATION, NAGAPATTINAM DISTRICT.

CC to M/S. S.N.SUBRAMANI Advocate on payment of necessary charges CRL OP.13263/2020 Date :31/08/2020 TA-21/09/2020