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Madras High CourtCRL OP/11546/2021granted

K.Venkatachalapathi v. The Inspector Of Police

2021-07-07Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11546 of 2021 K.Venkatachalapathi ... Petitioner/Accused No.1 Vs.

The Inspector of Police, Krishnagiri Taluk Police Station, Krishnagiri.

(Crime No.122 of 2021) ... Respondent/Complainant PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioner on bail in the event of her arrest in Crime No.122 of 2021 on the file of the respondent police. For Petitioner : Mr.N.Elayaraja For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

(The Case has been heard through Video Conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 447 and 506 (II) of I.P.C, in Crime No.122 of 2021, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to land dispute, the petitioner and his wife quarreled with the defacto complainant's brother-in-law and his friends and abused them in filthy language and assaulted them and caused injuries. Thereby, the Law Enforcing Agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that due to land dispute, the petitioner and his wife quarreled with the defacto complainant's brother-in-law and his friends and abused in filthy language and assaulted them and caused injuries. He further submits that the injured discharged from the hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and the injured also discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioner.

6.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 from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Krishnagiri, on condition that the petitioner 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 and on further condition that:

(a) the petitioner 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 petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner 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 petitioner 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/- 07/07/2021 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, NO. II, KRISHNAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT [ FOR INFORMATION] 3 KRISHNAGIRI TALUK POLICE STATION, KRISHNAGIRI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. N.ELAYARAJA Advocate on payment of necessary charges SR.NO. 7195 CRL OP.11546/2021 Date :07/07/2021 JPA 14/07/2021