S. Kishore v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 07.01.2021

CORAM

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.20226 of 2020 1.S.kishore 2 Kamaraj ... Petitioners/ Accused 1 & 2 Vs.

The State, represented by, The Inspector of Police, Vedaranyam Police Station, Nagapattinam District (Crime No.1275 of 2020) ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest by the respondent police concerned with Crime No.1275 of 2020, on th file of the Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

For Petitioners : Mr.G.Mageshkumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners were arrayed as A1 and A2. The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 352, 506 Part I of IPC, in Crime No.1275 of 2020, on the file of the respondent police, seek anticipatory bail.

2. It is a case in counter. The case of the prosecution is that the petitioners along with other accused came in front of the defacto complainant house, and they said to have abused the defacto complainant with filthy language, as a result of which, the petitioners attacked the defacto complainant. Hence, a criminal case has been registered in Crime No.1274/2020. It is stated that as a counter blast, the defacto complainant has filed the present compliant.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they are no way connected with the offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that it is a case in counter and he further submitted that there is no previous case pending against the petitioners.

5.Taking into consideration of the facts and circumstances of the case, it is a case in counter and the injured person has been discharged from hospital, this Court is inclined to grant bail to the petitioners subject to the following conditions: [a] 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, Vedaranyam, on condition that the petitioners shall execute a separate 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] 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 appear before the respondent police 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 absconds, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 07/01/2021 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 THE JUDICIAL MAGISTRATE, VEDARANIYAM 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR FO POLICE, VEDARANYAM POLICE STATION, NAGAPATTINAM DISTRICT.

CC to M/S G.MAGESHKUMAR Advocate on payment of necessary charges Sr.279 CRL OP.20226/2020 Date :07/01/2021 RVR 20/01/2021