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Madras High CourtCRL OP/18562/2021granted

Rangasami v. The State Rep By

2021-10-05Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18562 & 18564 of 2021 1 RANGASAMI [ 1st PETITIONER / 1st ACCUSED IN CRL.O.P.No.18562/2021 ] 2 SENTHILAMANI [ 2nd PETITIONER / 2nd ACCUSED ] IN CRL.O.P.No.18562/2021 ] 1 MURUGAVEL [ 1st PETITIONER / 3rd ACCUSED IN CRL.O.P.No.18564/2021 ] 2 DEIVANAYAKI [ 2nd PETITIONER / 4th ACCUSED IN CRL.O.P.No.18564/2021 ] Vs THE STATE REP BY [ RESPONDENT THE INSPECTOR OF POLICE, IN BOTH PETITIONS ] GUDIMANGALAM POLICE STATION, TIRUPPUR DISTRICT.

CRIME NO.679 OF 2021 For Petitioners : M/S.D.ARUN, Advocate [ IN CRL.O.P.No.18562/2021 ] M/S.M.P.VENKATAKRISHNAN, Advocate [ IN CRL.O.P.No.18564/2021 ] For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) [ IN CRL.O.P.No.18562/2021 ] MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) [ IN CRL.O.P.No.18562/2021

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), 324 and 506(ii) of IPC in Crime No.679 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was already a dispute existed between the defacto complainant and the petitioners' family over the usage of pathway. In this connection, there was a wordy quarrel arose between them, due to which, the petitioners have abused the defacto complainant in filthy language and assaulted him with wooden log and hands and threatened him with dire consequences and also caused injuries to him. 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. He further submits that there was a case in counter. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) on instructions submits that the injured has been discharged from the hospital. 5.Considering the fact that the injured has 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 Judicial Magistrate Court No.II, Udumalpet, Thiruppur District on condition that each of the petitioners shall execute separate bonds for a sum of Rs.10,000/- (Rupees Ten thousand Only) each, 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the 1st petitioner in both Crl.OPs 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 2nd petitioner in both Crl.OPs shall report 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

-sd/- 05/10/2021 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 COURT NO.II, UDUMALPET, THIRUPPUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUPPUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, GUDIMANGALAM POLICE STATION, TIRUPPUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S.D.ARUN Advocate on payment of necessary charges SR.NOS.11040 & 11041 CRL OP.18562 & 18564/2021 Date :05/10/2021 JPA 12/10/2021