R.Poongodi v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Fifth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13626 of 2021 1 R.POONGODI [ PETITIONER / ACCUSED ] 2 S.KUMARAVEL 3 E.ARUN KUMAR 4 R.AKASH Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, V1, VILLIVAKKAM POLICE STATION, VILLIVAKKAM, CHENNAI - 600 049.
For Petitioner : M/S. T. SAMPATHKUMAR Advocate For Respondent : M/S. C.E.PRATAP, 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 punishable under Sections 294(b), 323, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Womens Harassment Act, in Crime No.625 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 attacked the defacto complainant, thereby the defacto complainant had sustained injuries.. Hence the complaint. 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) submits that there was a wordy quarrel between the defacto complainant and the petitioners, due to which, the petitioners had attacked the defacto complainant, thereby the defacto complainant had sustained injuries. He further submits that the injured has been discharged from the hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and the injured was discharged from the hospital, 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 XIII Metropolitan Magistrate Court, Egmore, Chennai on condition that each of the petitioners 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 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/- 05/08/2021 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 XIII METROPOLITAN MAGISTRATE, EGMORE CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, V1, VILLIVAKKAM POLICE STATION, VILLIVAKKAM, CHENNAI - 600 049.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. T. SAMPATHKUMAR Advocate on payment of necessary charges CRL OP.13626/2021 Date :05/08/2021 APN 18/08/2021