Sathish @ Sathishkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Third day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13473 of 2021 1 SATHISH @ SATHISHKUMAR [ PETITIONERS / ACCUSED ] 2 DINESH @ DINESHKUMAR 3 ARUN @ ARUNKUMAR 4 BOOPATHI 5 CHOLAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHEYUR POLICE STATION, TIRUPPUR DISTRICT.

(CRIME NO.109/2018) For Petitioner : M/S M.VIJAYA RAGAVAN Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) 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 alleged offence under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.109 of 2018, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a wordy quarrel in a temple festival between the petitioners and the defacto complainant's groups ,the petitioners had recorded the programmes and Village peoples including women, through cell phone and the same was questioned by the defacto complainant, the petitioners had abused the defacto complainant and attacked him and caused injuries. Hence, the complaint was registered.

3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) would submit that the injured person was treated as an out-patient in the hospital and there is no previous case pending against the petitioners. However, he vehemently opposed for grant of anticipatory bail to the petitioners.

5.Considering the facts and circumstances of the case, and the injured person was treated as an out-patient in the hospital and there is no previous case pending against the petitioners, 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, Avinashi, on condition that each of the petitioner shall execute a 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 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.

(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/- 03/08/2021 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, AVINASHI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, CHEYUR POLICE STATION, TIRUPPUR DISTRICT.

+1 CC to M/S M.VIJAYA RAGAVAN Advocate on payment of necessary charges SR.NO.8063 CRL OP.13473/2021 Date :03/08/2021 TA-10/08/2021