K.Vaidyalingam v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2020
CORAM:
The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA Crl.O.P.No.19464 of 2020 1 K.Vaidyalingam 2 V.Sudhakar 3 K.Murugesan .. Petitioners Vs State Rep By The Inspector of Police, C-2 Police Station, Hasthampatty, Salem.(Crime No.1096 Of 2020) .. Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of their arrest in Crime No.1096 of 2020 on the file of the respondent police. For Petitioners : Mr. B.Vijay 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 offences punishable under Sections 294(b), 323 and 307 of I.P.C.in Crime No.1096 of 2020,seek anticipatory bail.
2. The case of the prosecution as per the defacto complainant viz., Chettiyappan, is that due to a civil dispute, the 1st petitioner, who is his elder brother K.Vaithialingam along with the other accused had abused him with filthy language and assaulted him with an attempt to take his life. Hence, the present complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and the suit is pending between them in respect of a partition of ancestral property, thereby a false complaint has been given. The learned counsel would further submit that they have been falsely implicated in this case. Even as per the complaint, no case for attempt to his life is made out and the alleged victim is stated to have been discharged from the hospital. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that the petitioners and the defacto complainant are brothers. Due to property dispute, the 1st petitioner has assaulted him. Due to which, the present complaint has been filed. However, he would further submit that the injured was discharged from the hospital. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;
6. Accordingly, the petitioners are ordered to be released on bail in the event of their 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 learned District Sessions Court, Salem, on condition that the petitioners shall execute a 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 petitioners 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 petitioners shall report before the respondent police every Monday at 10.30 a.m.,for a period of two weeks until further orders.
[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 229A IPC.
8.With the above directions,this Criminal Original Petition is ordered.
-sd/- 10/12/2020 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 DISTRICT SESSIONS COURT, SALEM.
2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, C-2 POLICE STATION, HASTHAMPATTY, SALEM +3 CC to M/S.B.VIJAY Advocate on payment of necessary charges SR.8180 CRL OP.19464/2020 Date :10/12/2020 RVR 16/12/2020