Sathiyamoorthy v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 16104 of 2020 1.Sathiyamoorthy 2.Maheswaran @ Dhanapal ... Petitioners/Accused Nos.1 & 2 Vs.

The Inspector of Police, Muthupettai Police Station, Tiruvarur District.

[Crime No.2434 of 2020] ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest by the respondent police in Crime No. 2434 of 2020, on the file of the respondent police.

For Petitioners : Mr.N.Palanivel For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 294(b), 355, 506(ii) of IPC, in Crime No. 2434 of 2020, on the file of the respondent, seek anticipatory bail.

The case of the prosecution as per the defacto complainant viz., Ulaganadhan, who is a Member of Union Council and the President of the Cooperative Society, is that on 28.09.2020, on receiving a phone call from a salesman of Ration shop that there was a quarrel between the petitioners, he went to the place of occurrence to pacify the quarrel between them. At that time, due to vengeance over the Election of Panchayat Board, the petitioners have slapped the defacto complainant with chappals and threatened him. Hence the complaint.

The learned counsel appearing for the petitioners would submit that there is a case in counter in Crime No.2435 of 2020 and that a false case has been foisted against them. Hence, he prays for grant of anticipatory bail to the petitioners. The learned Additional Public Prosecutor appearing for the respondent would submit that when the defacto complainant has tried to pacify the quarrel between the petitioners, they have slapped the defacto complainant with chappal and intimidated him. He would further submit that there are no previous cases pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.

Taking into consideration of the facts and submissions made by the learned counsel and that there is also a case in counter, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

Accordingly, the petitioners are directed to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Thiruthuraipoondi, on condition that each petitioner 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, 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 Magistrate 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 every day at 10.30 a.m., for a period of two weeks and thereafter, every Monday and Friday at 10.30 a.m., until further orders. [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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 12/10/2020 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, THIRUTHURAIPOONDI.

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

4 THE INSPECTOR OF POLICE MUTHUPETTAI POLICE STATION, TIRUVARUR DISTRICT.

+1 CC to M/S. N.PALANIVEL Advocate on payment of necessary charges SR.No.6809 CRL OP.16104/2020 Date :12/10/2020 cs 19/10/2020