Mathiyalagan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.07.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13125 of 2021 1.Mathiyalagan 2.Chinnamathiyan @ Manoj@Manoj Kumar
3. Mahendran ... Petitioners Vs.
State Represented by The Inspector of Police, Pollachi Taluk Police Station, Coimbatore District.
(Cr.No.493 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioners on bail in the event of their arrest in Crime No.493 of 2021 on the file of the respondent police. For Petitioners : Mr.Kalimuthu For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b),323, 324 and 506(ii) of IPC in Crime No. 493 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners questioned the defacto complainant for not wearing mask due to Covid Pandemic situation. Due to which there was a wordy quarrel between them and the petitioners said to have abused and attacked the defacto complainant.. Hence, the law enforcing agency registered a case against the petitioners.
3.The learned counsel appearing for the petitioners have not committed any offence as alleged by the prosecution and they are falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4. Heard the learned Government Advocate (Crl.Side) appearing for the respondent. Hence he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and the submissions made by both counsel, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.2 Pollachi, on condition that the petitioner 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 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 petitioner 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/- 29/07/2021 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, POLLACHI 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE 3 INSPECTOR OF POLICE, POLLACHI TALUK POLICE STATION, COIMBATORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S KALIMUTHU Advocate on payment of necessary charges CRL OP.13125/2021 Date :29/07/2021 RVR 04/08/2021