Pavadai, Aged 38 Eyars, v. State Rep. By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twelfth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.15037 of 2018 1 PAVADAI [ PETITIONERS / ACCUSED ] 2 VIJAYALAKSHMI Vs STATE REP. BY, [ RESPONDENT ] SUB INSPECTOR OF POLICE, VARANJARAM POLICE STATION, VARANJARAM, VILLUPURAM DISTRICT.
CR.NO. 181 OF 2018 For Petitioner : M/S.D.MANOJ KUMAR Advocate For Respondent : MR.C.IYYAPPARAJ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners seek anticipatory bail in Crime No.181 of 2018 registered by the respondent police for the offence under Sections 294(b), 323, 324 and 506(i) of IPC.
2. The case of the prosecution as per the defacto complainant is that due to money dispute, the petitioners abused the defacto complainant with filthy language and assaulted with hands.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. He would submit that due to previous enmity, a false complaint has been given against them.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that due to money dispute, the petitioners assaulted the defacto complainant with hands, due to which, the defacto complainant sustained injuries. He would further submit that the injured has been discharged from the hospital.
5. Taking into consideration the facts of the case and the submissions made by the counsels and also taking note of the fact that the injured has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner subject to the following conditions:
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-I, Kallakurichi, on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 said Magistrate, on further condition that:
[a] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this Order shall stand automatically cancelled.
[b] the first petitioner 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 and the second petitioner shall report before the respondent police as and when required; [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 229-A IPC.
-sd/- 12/06/2018 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, NO.I, KALLAKURICHI.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUB INSPECTOR OF POLICE, VARANJARAM POLICE STATION, VARANJARAM, VILLUPURAM DISTRICT.
+1CC to M/S.D.MANOJ KUMAR Advocate on payment of necessary charges SR NO.10493 CRL OP.15037/2018 Date :12/06/2018 MK:19/06/2018