S.Manikandan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15214 of 2021 1 S.MANIKANDAN [ PETITIONERS / ACCUSED ] 2 DINESH KUMAR Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU DISTRICT.
CRIME NO.605 OF 2021 For Petitioner : M/S. P.DINESH KUMAR Advocate For Respondent : Mr.A.Gopinath Government 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 for the alleged offence punishable under Sections 354, 294(b), 324, 506(ii) of IPC and under Section 4 of TN Prohibition of Harassment of Women Act in Crime No.605 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 27.07.2021, due to previous enmity, the petitioners have attacked the defacto complainant's husband by using bottle and on the next day, they have harassed her at her doorstep while in search of her husband. Thereby, the defacto complainant had sustained injuries. Hence, the complaint.
3. The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits the petitioners and the defacto complainant have reached a compromise and to that effect, they have filed a compromise memo dated 17.08.2021. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that no one sustained had injury. However, he vehemently opposed for grant of anticipatory bail to these petitioners.
5. Considering the fact that no one sustained injury and perusing the compromise memo, this court is inclined to grant anticipatory bail to these 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-II, Chengalpattu on condition that each of the petitioners shall execute a separate bonds 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/- 25/08/2021 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, NO.II, CHENGALPATTU 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 INSPECTOR OF POLICE CHENGALPATTU TALUK POLICE STATION, CHENGALPATTU DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. P.DINESH KUMAR Advocate on payment of necessary charges Sr.15214 CRL OP.15214/2021 Date :25/08/2021 RVR 13/09/2021