Raman v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.17418 of 2021 1 RAMAN [ PETITIONER / ACCUSED ] 2 ARAVID @ ARAVINDAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KRISHANGIRI TALUK POLICE STATION, KRISHNAGIRI DISTRICT (CRIME NO.372/2021) For Petitioner : M/S M.JAYACHANDRAN Advocate For Respondent : M/S. C.E.PRATAP, 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 294(b), 323, 324 of IPC and Section 4 of TNPWH Act 2002 in Crime No.372 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant regarding the misbehavior of the 1st petitioner . In this connection, the petitioners have abused the defacto complainant and her family members in filthy language and assaulted them with hands and also threatened them with dire consequences and also caused injuries to them. 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 the injured have been discharged from the hospital. 5.Considering the submissions made by both counsel and also the fact that the injured have been discharged from the hospital, 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 Additional Mahila Court, Krishnagiri on condition that each of the petitioners shall execute separate bonds for a sum of Rs.

(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/- 21/09/2021 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.

TO 1 ADDITIONAL MAHILA COURT KRISHNAGIRI 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 STATE REP BY INSPECTOR OF POLICE, KRISHANGIRI TALUK POLICE STATION, KRISHNAGIRI DISTRICT CC to M/S M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.17418/2021 Date :21/09/2021 APN 29/09/2021