Devendran v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twentieth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19313 of 2021 1 DEVENDRAN [ PETITIONERS / ACCUSED ] 2 RAJESHWARI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THUTOOR POLICE STATION, ARIYALUR DISTRICT CR NO.80/2021 For Petitioner : M/S.M.KABILAN Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 324, 448 & 506(ii) of I.P.C r/w section 4 of the Tamil Nadu Prohibition of Harrassment of Women Act in Cr.No.80 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that due to previous enmity the petitioners entered into the De-facto Complainant's house and attacked his wife and abused her with filthy language. When the same was questioned by the De-facto Complaint, he was also attacked and abused by the petitioners. Hence the De-facto Complainant lodged a complaint against the petitioners before the law enforcing agency. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail.
4.The learned Additional Public Prosecutor submitted that the investigation is pending in this case and there is one previous case against the petitioners. He further submitted that the injured have been discharged for the hospital.
5. Considering the facts and circumstances of the case that the injured have been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are granted anticipatory bail and they 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 Additional Mahila Court, Ariyalur District on condition that the petitioners shall execute a bond 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)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)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; (c) the petitioner/A1 shall report before the respondent police daily at 10.30 a.m. until further orders; whereas the petitioner/A2 shall report before the respondent police as and when required until further orders;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)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;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 20/10/2021 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 ADDITIONAL MAHILA COURT ARIYALUR DISTRICT 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 THE INSPECTOR OF POLICE, THUTOOR POLICE STATION, ARIYALUR DISTRICT +1 CC to M/S.M.KABILAN Advocate on payment of necessary charges SR.No.11537 CRL OP.19313/2021 Date :20/10/2021 APN 28/10/2021