A.Narayanan v. State Reb. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Seventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15426 of 2021 1 A.NARAYANAN [ PETITIONERS / ACCUSED ] 2 KAMSALA Vs STATE REB. BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, TIRUVANNAMALAI TOWN, TIRUVANNAMALAI.

CR.NO. NOT KNOWN OF 2021.

For Petitioner : M/S. C.V.SHYAM SUNDER Advocate For Respondent : MR. 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 for the alleged offence punishable under Sections 294(b) and 506(i) of IPC in Crime No.Not Known of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on account of a family property dispute, the petitioners who are the grand parents of the defacto complainants, are alleged to have indulged in a wordy quarrel and attacked them and caused injuries. It is also alleged that the petitioner have abused them in a filthy language and threatened with dire consequences 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 that the petitioners also gave a counter complaint against the defacto complainant. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submits that the injured had sustained only simple injuries. He further submits that there was a case in counter.

5.Considering the fact that the injured had sustained simple injuries and also the fact that there was a case in counter , 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 No.1, Thiruvannamalai 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 1st petitioner 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 and the 2nd petitioner shall report before the respondent police 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/- 27/08/2021 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.I, THIRUVANNAMALAI.

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

3 THE INSPECTOR OF POLICE, TIRUVANNAMALAI TOWN, TIRUVANNAMALAI.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S. C.V.SHYAM SUNDER Advocate on payment of necessary charges CRL OP.15426/2021 Date :27/08/2021 INBA 17/09/2021.