Malaiyan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12412 of 2022 1 MALAIYAN [ PETITIONERS / ACCUSED ] 2 KUTTY 3 POLLIYANCY 4 NASI 5 SIVA KUMAR 6 SUMATHI Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ELAGIRI POLICE STATION, ELAGIRI HILLS, THIRUPATTUR DISTRICT.

(CR.NO.7 OF 2022) For Petitioner : M/S.A.P.SATHYAMURTHY Advocate For Respondent : MR.V.MEGANATHAN, Govt. Advocate ( Crl. Side) 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 147, 148, 447, 294(b), 323, 324, 506(ii), 427 of IPC read with 4 of TNWH Act in Crime No.7 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that there was a quarrel between the petitioners and the defacto complainant regarding land dispute and it is alleged that the petitioners assaulted the defacto complainant and also abused him in unparliamentary words. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He further submitted that originally the defacto complainant assaulted the petitioners for

which, the petitioners lodged a complaint in Crime No.8 of 2022 as against the defacto complainant. Therefore, he prays to grant anticipatory bail to the petitioners.

4. The learned Government Advocate would submit that totally there are 6 accused and the petitioners are arrayed as A1 to A6. Due to civil dispute, there was a quarrel between the petitioners and the defacto complainant. He further submitted that it is a case in counter. Therefore, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the above fact and circumstances of the case and also considering the fact that there is a case in counter, 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 Judicial Magistrate-III, Thirupattur, on condition that the petitioners shall execute 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 26/05/2022 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 JUDICIAL MAGISTRATE, NO.III,THIRUPATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ELAGIRI POLICE STATION, ELAGIRI HILLS, THIRUPATTUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.A.P.SATHYAMURTHY Advocate on payment of necessary charges SR.No.7953 CRL OP.12412/2022 Date :26/05/2022 CSK 31/05/2022