Arokia Raj.D v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Ninth day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16481 of 2021 1 AROKIA RAJ.D [ PETITIONERS / ACCUSED ] 2 A.CIRIL VICTOR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, V-7, NOLAMBUR POLICE STATION, TIRUVALLUR DISTRICT.
CRIME NO. 810 OF 2021.
For Petitioners : M/S.S.JOEL Advocate For Respondent : MR. A.GOPINATH, 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 (*) 323 and 392 of Indian Penal Code and Section 4 of Women Harassment Act, in Crime No.810 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners had quarreled with their son-in-law regarding the family dispute, in which, the petitioners have scolded the defacto complainant's son/son-in-law in filthy language and assaulted them and also snatched the thali of the defacto complainant. Thereby, the defacto complainant's son/son-in-law had sustained injuries. 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. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that it is a purely family dispute. He further submits that the investigation is pending and the injured has been taken treatment as outpatient. 5.Considering the fact that the injured has been taken treatment as outpatient, 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, Ambattur on condition that each of the petitioners shall execute 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 petitioners 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;
(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/- 09/09/2021 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.
(*)AMENDED AS PER ORDER OF THIS COURT DATED 20/10/2021 MADE IN CRL.MP.No.10430 OF 2021 in Crl.OP.No.16481 OF 2021 TO 1 THE JUDICIAL MAGISTRATE, AMBATTUR.
2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, V-7, NOLAMBUR POLICE STATION, TIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
+1 CC to M/S.S.JOEL Advocate on payment of necessary charges SR.NO.11599 CRL OP.16481/2021 Date :09/09/2021 INBA 23/09/2021 JPA 01/11/2021