Natarajan v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.12771 of 2021
1. Natarajan ... Petitioners
2. Kamal
3. Muniammal Vs.
The State Represented by :- The Inspector of Police, Thirupalaivanam Police Station, Thiruvallur District.
(Crime No.328 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.328 of 2021 pending on the file of the respondent police.
For Petitioners: Mr.A.M.Rahamath Ali For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
ORDER
The petitioners who apprehend arrest at the hands of the respondent police for the alleged offence under Sections (*)294(b), 324 and 506(ii) of IPC in Cr.No.328 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to previous enmity, the petitioners threatened the defacto complainant and his mother, attacked them with knife and iron pipe and caused injuries. Thereby, the Law Enforcing Agency registered a case against the petitioners based on the complaint.
3.The learned counsel appearing for the petitioners submit that the petitioners have not been committed any offence as alleged by the prosecution and the defacto complainant had sustained only simple injuries. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate submits that injured person has been discharged from the hospital and there is a case in counter.
5. Considering the fact that the injured has been discharged from the hospital and there is a case in counter, 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 Judicial Magistrate-II, Ponneri, on condition that the petitioners shall execute separate 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)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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 23/07/2021 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.
[*]Amended as per order of this court dated 23/08/2021 made in Crl.MP.NO.8059/2021 in Crl.O.P.No.12771/2021 TO 1 THE JUDICIAL MAGISTRATE-II, PONNERI.
2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR DISTRICT (FOR INFORMATION) 3 THE INSPECTOR OF POLICE, THIRUPALAIVANAM POLICE STATION, THIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.A.M.RAHAMATH ALI Advocate on payment of necessary charges CRL OP.12771/2021 Date :23/07/2021 INBA 29/07/2021 INBA 07/09/2021