← Library
Madras High CourtCRL OP/12665/2022granted

Devaraj v. The State Rep By Its,

2022-05-27Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Seventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.12665 of 2022 1 DEVARAJ [ PETITIONERS / ACCUSED ] 2 MARIMUTHU 3 SHANMUGAM 4 RAMYA Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, KARAMADAI POLICE STATION, COIMBATORE DISTRICT CRIME NO.293 OF 2022.

For Petitioner : M/S.C.RAMKUMAR Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) Assistant by M/S.R.S.NIRANJAN, Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence under Sections 294(b), 323, 506(i) read with 379 of IPC, in Crime No.293 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 21.05.2022 at about 17.00 hours, there was dispute between the petitioners and the defacto complainant regarding construction of compound wall during which, the petitioners abused the defacto complainant in filthy language and intimidated with dire consequences and also attacked with hands. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners have been falsely implicated in this case. He would further submit that there is a case in counter in Crime No.292 of 2022 and would pray for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that no one was injured in the said incident and there is a case in counter.

5. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side) for the respondent.

6. Considering the facts and circumstances of the case and the fact that no one was injured in the said incident and there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioners.

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 on which the order copy made ready, before the learned Judicial Magistrate, Mettupalayam, on conditions that each of the petitioners 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 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 Court concerned 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 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/- 27/05/2022 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, METTUPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KARAMADAI POLICE STATION, COIMBATORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.C.RAMKUMAR Advocate on payment of necessary charges SR.NO.8211 CRL OP.12665/2022 Date :27/05/2022 JPA 02/06/2022