Sivanandam v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Thirteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13502 of 2022 1 SIVANANDAM [ PETITIONERS / ACCUSED ] 2 VICKY @ VIGNESH Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE MUTHUPETTAI POLICE STATION, MUTHUPETTAI, TIRUVARUR DISTRICT.
(CRIME NO.2192/2020) For Petitioner : M/S. W.CAMYLES GANDHI Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, 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, 294(b), 324, 427 and 506(ii) of IPC, in Crime No.2192 of 2020, on the file of the respondent police, seek anticipatory bail.
2. Totally there are six accused in this case. The petitioners herein are arrayed as A4 and A6. The case of the prosecution is that there was enmity between the defacto complainant and A1, A2 and A3 regarding clearing a water canal. Due to which, there was a wordy quarrel between the petitoners and the defacto complainant. At that time, all accused persons have attacked the defacto complainant, his brother and wife with sickle and wooden log and they have sustained injuries. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that
the petitioners were earlier granted anticipatory bail by this Court in CRL.O.P.No.12676 of 2020 dated 20.08.2020. However, the petitioners were not execute the sureties within the stipulated time, for the reasons the petitioners were working as coolie and they went to other District for job. Thereby, earlier anticipatory bail granted got lapsed. Therefore, the present petition has been filed. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that, due to previous enmity between the petitoners and the defacto complainant, three persons were injured and they were discharged from the hospital. He further submitted that there are no previous case pending against the petitioners. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case and also considering that the victims have been discharged from the hospital, 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, Thiruthuraipoondi, 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, 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 every day at 10.30 a.m for a period of two weeks and thereafter every Monday at 10.30 a.m., until further orders.
[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/- 13/06/2022 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, THIRUTHURAIPOONDI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE MUTHUPETTAI POLICE STATION, MUTHUPETTAI, TIRUVARUR DISTRICT.
+1 CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.8944 CRL OP.13502/2022 Date :13/06/2022 TA-15/06/2022