Beerappa @ Thonnaiyappan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Beerappa @ Thonnaiyappan S/o. Lakhmiyappa ... Petitioner Vs.

The State represented by The Inspector of police, Veppanapalli Police Station, Krishnagiri District.

Crime No.586 of 2020 ... Respondent Prayer : Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in Crime No.586 of 2020 on the file of the respondent police. For Petitioner : Mr.M.Jayachandran For Respondent : Mr.M. Mohamed Riyaz Additional Public Prosecutor

O R D E R

(This case has been heard through video conference) The petitioner who apprehends arrest at the hands of the respondent police for the offences publishable under Sections 294 (b), 332, 506 (i) of IPC in Crime No.586 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution, as per the defacto complainant viz., Chandirasekar who is working as a Forest Officer is that the petitioner and other accused without any permission entered into the forest. When it was questioned by the defacto complainant, the petitioner and the other accused abused and attacked him due to which he sustained injuries. Hence the complaint.

3. The learned Counsel for the petitioner would submit that the petitioner and the other accused are farmers and they entered into the forest to bring back the cattle grazing in the forest. He would further submit that the defacto complainant had given a false complaint immediately. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the injured has been discharged from the hospital. He would further submit that there is no previous case as against the petitioner. However, he opposed the grant of anticipatory bail to the petitioner.

5. Taking into consideration of the facts and circumstances of the case and also the submissions of the learned counsel, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6. Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the copy of this order is made ready, 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 Judicial Magistrate No.II, Krishnagiri, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioner 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 petitioner shall report before the respondent police every day at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate 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 absconds, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

06.10.2020 dh Internet: Yes/No Index: Yes/No Speaking Order/Non Speaking Order To

1. The Judicial Magistrate - II, Krishnagiri.

2. The Inspector of police, Veppanapalli Police Station, Krishnagiri District.

3. The Public Prosecutor, Madras High Court, Chennai.

A.D.JAGADISH CHANDIRA, J dh Crl.OP.No. 15754 of 2020 06.10.2020