K.Kathiravan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14152 of 2022 1 K.KATHIRAVAN [ PETITIONERS / ACCUSED ] 2 RAMA RANGAPPA Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, KARUVEPPILANKURICHI POLICE STATION, CUDDALORE DISTRICT (CRIME NO.517 OF 2022) For Petitioners : M/S C.PRABAKARAN Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor For Intervenor : M/S.B.PRAVEEN, Advocate 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 341, 294 (b), 352 and 506(1) of IPC r/w Section 3 of TNPPDL Act, in Crime No.517 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainant are relatives. It is alleged that the petitioners waylaid the defacto complainant and abused her in filthy language and also attacked her with iron rod and caused injuries. It is further alleged that the petitioners damaged a vehicle and also the crops worth about Rs.30,000/. Hence, the complaint.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would further submit that the petitioners

are ready to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) jointly to the credit of Crime No.517 of 2022. Therefore, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that the total damaged crops worth to the tune of Rs.30,000/-. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.

Accordingly, the petitioners are directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) jointly to the credit of Crime No.517 of 2022, within a period of four weeks from the date on which the order copy made ready, and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate II, Vriddhachalam, Cuddalore District, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties out of which one shall be a blood surety 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 deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) jointly to the credit of Crime No.517 of 2022, before the concerned Magistrate, within a period of four weeks from the date on which the order copy made ready.

[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial. [d] the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[e] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[f] the petitioners shall not abscond either during investigation or trial.

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

-sd/- 20/06/2022 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, NO.II, VRIDDHACHALAM, CUDDALORE DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, KARUVEPPILANKURICHI POLICE STATION, CUDDALORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S C.PRABAKARAN Advocate on payment of necessary charges SR.NO.9519 CRL OP.14152/2022 Date :20/06/2022 JPA 23/06/2022