Vasanthu @ Ganesh Vasanth v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17266 of 2020 1.Vasanthu @ Ganesh Vasanth ... Petitioners 2.Ananthu @ Ananthan 3.Vicky @ Sriram @ Vedha Sriram Vs.
The State represened by ... Respondent The Inspector of Police Edaiyur Police Station, Tiruvarur District.
(Cr. No.1219 of 2020) Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioners on bail in the event of their arrest by the respondent police, pending investigation of the case in Crime No.1219 of 2020 on the file of the respondent police. For Petitioners : Mr.M.Vijayaragavan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
(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), 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, in Crime No.1219 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 the petitioners waylaid the defacto complainant. Therefore, wordy quarrel arose between them. The petitioners have attacked and push down the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners have abused the defacto complainant and also intimidated the defacto complainant's sister. He further submit that there is no previous case as against the petitioners. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts of this case and the submissions made by the counsels and the fact that, this Court is inclined to grant anticipatory bail to the petitioner.
a) 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 on which the order copy is made ready, before the learned Judicial Magistrate, Thiruthuraipoondi, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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:
[b] 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 daily at 10.30 a.m for a period of two weeks and thereafter, every Monday at 10.30 a.m until further orders.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] 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]. [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/- 04/11/2020 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, THIRUTHURAIPOONDI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, EDAIYUR POLICE STATION, TIRUVARUR DISTRICT.
CC to M/S.M.VIJAYARAGAVAN Advocate on payment of necessary charges CRL OP.17266/2020 Date :04/11/2020 TA-10/11/2020