A.Ramachandiran v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.11176 of 2021 1.A.Ramachandiran 2.R.Jeeva 3.N.Kausalya 4.Chinnathambi 5.Selvaraj
...Petitioners
Versus
State represented by The Inspector of Police, Thandarampattu Police Station, Thandarampattu Taluk, Tiruvannamalai District.
(Crime No.Not known of 2021)
...Respondent
PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of apprehending arrest in the Crime No.Not known of 2021 on the file of the respondent.
For Petitioners : Ms.D.Geetha For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 323, 506 part II IPC in Cr.No.Not known of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there exists a property dispute between the 1st petitioner and his brothers' family. On 26.06.2021, while the petitioners were working in their farm, the 1st petitioner's brother family along with 15 persons of the same village, approached the petitioners to negotiate the property
dispute. Thereby there was a quarrel between them and the 1st petitioner assaulted the son of his elder brother and he was admitted in the hospital. Hence this complainant was lodged against the petitioners.
3. The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that there is a property dispute between the family of the petitioners and the injured person has been discharged from the hospital and there are no previous cases pending against the petitioners.
5. Considering the fact that the injured has been discharged from the hospital and there are also no previous cases against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
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 of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Thandrampattu, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition that:
(a)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(c)the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 30/06/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THANDRAMPATTU.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE THANDARAMPATTU POLICE STATION, THANDARAMPATTU TALUK, TIRUVANNAMALAI DISTRICT.
CC to M/S.D.GEETHA Advocate on payment of necessary charges CRL OP.11176/2021 Date :30/06/2021 cs 15/07/2021