S.Subramaniam v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.10.2020
CORAM:
THE HON'BLE DR. JUSTICE G.JAYACHANDRAN Crl.O.P.No.16967 of 2020
1. S.Subramaniam
2. Malliga
3. Karthik ... Petitioners/Accused 1 to 3 Vs.
State rep by its The Inspector of Police, Velagoundanpatti Police Station, Namakkal District.
(Crime No.751 of 2020 ) ... Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 438 of Cr.P.C., seeking to enlarge the petitioners on bail, in the event of their arrest in Crime No.751 of 2020 pending on the file of the respondent.
For Petitioners : Mr.W.Camyles Gandhi For Respondent : Mr.Charles Premkumar 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 alleged offences punishable under Sections 294 (b), 323, 324, 506(ii)of IPC in Crime No. 751 of 2020 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to dispute over the land, the defacto complainant and the family members of the petitioners have indulged in wordy quarrel aggravating to attack each other.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and that they have been falsely implicated in this case. Hence, he seeks for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the case in counter has been registered. After treatment, all the injured persons have already been discharged from the hospital.
5.Taking note of the above fact that the injured persons have already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions:
[a] Accordingly, the petitioners are directed to be released on bail in the event of arrest or their appearance, within a period of fifteen days, before the learned Judicial Magistrate No.1, Namakkal, on condition that each of the petitioners shall execute a 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 to the satisfaction of the learned Magistrate concerned, as the case may be.
[b] 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.
[c] the petitioners shall report before the respondent police as and when required for interrogation.
[d] the petitioners shall not tamper the evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] On failure to comply the condition or 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].
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6.With the above directions, this Criminal Original Petition is ordered.
-sd/- 22/10/2020 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 NO.I, NAMAKKAL.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, VELAGOUNDANPATTI POLICE STATION, NAMAKKAL DISTRICT.
+1CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges SR NO.7044 CRL OP.16967/2020 Date :22/10/2020 MK:28/10/2020