R.Thirumalaisamy v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 17076 of 2020 1.R.Thirumalaisamy 2.R.Loganathan 3.Deepan 4.Ravichandran ... Petitioners/Accused Nos.1 to 4 Vs.

The State represented by, The Inspector of Police, Palladam Police Station Thiruppur District.

[Crime No. 2147 of 2020] ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on anticipatory bail in the event of their arrest by the respondent police in Crime No. 2147 of 2020, on the file of the respondent police.

For Petitioners : Mr.R.Nalliyappan 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 Sections 294(b), 427 and 506(ii) of IPC, in Crime No. 2147 of 2020, on the file of the respondent, seek anticipatory bail.

The case of the prosecution as per the defacto complainant viz., Kalpana is that on 05.10.2020, at about 02.30 p.m., due to previous enmity, the petitioners have abused the defacto complainant and her husband in filthy language and caused damage to the newly fixed gate, worth about Rs.4,000/-. Hence, the complaint. The learned counsel for the petitioners submitted that the petitioners are innocent persons 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 due to property dispute, the petitioners have assaulted the defacto complainant and her husband in filthy language and have also caused damage to the door, worth Rs.5,000/-. 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 circumstances of the case and considering the submissions made by the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

Accordingly, each petitioner is directed to deposit a sum of Rs.2,000/- (Rupees Two Thousand Only) to the credit of crime No.2147/2020 and on such deposit, 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 Judicial Magistrate, Palladam, 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 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/- 29/10/2020 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, PALLADAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUPPUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, PALLADAM POLICE STATIO, THIRUPPUR DISTRICT.

CC to M/S. R.NALLIYAPPAN Advocate on payment of necessary charges CRL OP.17076/2020 Date :29/10/2020 RVR 06/11/2020