← Library
Madras High CourtCRL OP/14191/2021granted

Vignesh v. The State Rep.By

2021-08-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventeenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.14191 of 2021 1 VIGNESH [ PETITIONERS / ACCUSED ] 2 MOHAMMED RAFI Vs THE STATE REP.BY [ RESPONDENT ] INSPECTOR OF POLICE, POLLACHI EAST POLICE STATION, COIMBATORE DISTRICT.

CRIME NO.403 OF 2021.

For Petitioner : M/S. U.GOKULAKRISHNAN 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 294(b), 448, 506(ii), 109 of IPC r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act 2002, in Crime No.403 of 2021, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant, as a result of which, the petitioners went to the house of the defacto complainant and abused her in filthy language and threatened her with dire consequences. 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).appearing for the respondent submitted that no one was sustained injuries and there is no previous case pending as against the petitioners. However, he vehemently opposed for grant of anticipatory bail to the petitioners.

5.Considering the fact that no one was sustained injuries and there is no previous case pending as 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 Court No.1, Coimbatore, on condition that 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 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/- 17/08/2021 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 COURT NO.1, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, POLLACHI EAST POLICE STATION, COIMBATORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. U.GOKULAKRISHNAN Advocate on payment of necessary charges SR.NO.8666 CRL OP.14191/2021 Date :17/08/2021 INBA 26/08/2021