S.Alamelumangai v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.18207 of 2020 S.Alamelumangai ... Petitioner Vs.

The State Represented by, The Inspector of Police, E-3 Minjur Police Station, Tiruvallur District.

(Cr.No.3019 of 2020) ... Respondent Prayer:

Criminal Original Petition filed under Section 438 of Cr.P.C., to enlarge the petitioner on bail in the event of their arrest in Connection with the Crime No.3019 of 2020 pending on the file of the respondent police.

For Petitioner : Mr.S.Nanda Kumar For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 and 506 (ii) of IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.3019 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that due to previous enmity there was wordy quarrel between the petitioner and the defacto complainant and the petitioner has assaulted the defacto complainant with wooden log and stones. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioner is an innocent person and he has been falsely

implicated in this case. He would further submit that they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the the petitioner has assaulted the defacto complainant with woods and stones. He would further submit that the injured has been discharged from the hospital and there are no previous cases as against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days from the date on which the copy of the order is made ready, before the Judicial Magistrate II, Ponneri, Thiruvallur District on condition that the 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 petitioner 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 petitioner shall report before the respondent Police daily 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 petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 petitioner 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 absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 19/11/2020 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 II, PONNERI,THIRUVALLUR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, E-3, MINJUR POLICE STATION, THIRUVALLUR DISTRICT +1 CC to M/S. S.NANDAKUMAR Advocate on payment of necessary charges SR.NO.7696 CRL OP.18207/2020 Date :19/11/2020 GKS:30/11/2020