Rajkumar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14285 of 2022 1 RAJKUMAR [ PETITIONERS / ACCUSED ] 2 SARANYA Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, KODAVASAL POLICE STATION, TIRUVARUR DISTRICT CRIME NO.246/2022 For Petitioner : M/S.M.MATHANRAJ Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 & A2 who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b) & 452 of IPC and Section 4 of TNPHW in Crime No. 246 of 2022, seek anticipatory bail.

2. The case of the prosecution is that there is a land dispute between the de-facto complainant's husband and A1, who is the brother of the de-facto complainant's husband. For the same, at the date of occurrence at about 10.00 a.m., when the de-facto complainant's husband was not in home, A1 & A2 entered into the house of the defacto complainant, assaulted and abused her in filthy language. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.

4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.

Accordingly, the petitioner 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 Judicial Magistrate Court, Tiruvarur, on condition 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 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 1st 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. The 2nd petitioner 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 22/06/2022 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, TIRUVARUR.

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

CC to M/S.M.MATHANRAJ Advocate on payment of necessary charges CRL OP.14285/2022 Date :22/06/2022 RW-28/06/2022