Ilaiyaraja, Aged 36 Years v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.15121 of 2018 1 ILAIYARAJA [ PETITIONERS / ACCUSED ] 2 RAMASAMY 3 THANGADURAI Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, KUNNAM POLICE STATION, PERAMBALUR DISTRICT.

CR.NO.175 OF 2018 For Petitioner : M/S.E.P.SENNIYANGIRI Advocate For Respondent : MR. C.IYYAPPARAJ, ADDL. 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.175 of 2018 registered by the respondent police for the offence under Section 294 (b), 323, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2. The case of the prosecution as per the defacto complainant Sumathi is that due to a property dispute, the petitioners abused the defacto complainant in filthy language and assaulted her and also criminally intimidated her.

3. The learned counsel for the petitioners would submit that due to previous enmity, a false case has been registered against the petitioners. He would submit that on a complaint given by Thangadurai, the third petitioner herein, a case in Crime No.176 of 2018 has been registered against the defacto complainant and her relatives and this Court has also granted anticipatory bail to the defacto complainant and her relatives in Crl.O.P.No.13515 of 2018 dated 05.06.2018.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that it is a case in counter and that due to a land dispute, the petitioners had assaulted the defacto complainant. 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 petitioners 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, Additional Mahila Court, Perambalur, 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 petitioners shall report before the respondent police daily at 5.30.p.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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 13/06/2018 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, ADDITIONAL MAHILA COURT, PERAMBALUR 2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KUNNAM POLICE STATION, PERAMBALUR DISTRICT.

+1 CC to M/S.E.P.SENNIYANGIRI Advocate on payment of necessary charges SR.NO. 10654 CRL OP.15121/2018 Date :13/06/2018 RD 20/06/2018