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Madras High CourtCRL OP/19315/2021granted

Jayakumar v. The State Rep By

2021-10-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19315 & 19016 of 2021 JAYAKUMAR [ PETITIONER / ACCUSED IN CRL.O.P.NO.19315/2021] RAJA @ PARANTHAMAN [ RESPONDENT/COMPLAINANT IN CRL.O.P.NO.19016/2021] Vs THE STATE REP BY [ RESPONDENT THE INSPECTOR OF POLICE, IN BOTH THE PETITIONS] KALASAPAKKAM POLICE STATION, THIRUVANNAMALAI DISTRICT CR NO.1101/2020 For Petitioner : M/S.S.B.VISWANATHAN 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 for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 506(2) and 307 of IPC in Crime No.1101 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was a previous enmity between the petitioners and the defacto complainant/village president with regard to local body election and further alleged that the petitioners have illegally transported river sand. On 23.05.2020, when the defacto complainant and her husband and their village people have gathered together for preventing sand theft, the petitioners have abused the defacto complainant with filthy language, brutally attacked her husband, threatened them with dire consequences and also caused injuries to her husband and attempted to kill them. 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. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Public Prosecutor (Pondicherry) submits that the injured has been discharged from the hospital. He further submits that there are three previous cases pending against the petitioners. 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's Court No.1, Thiruvannamalai 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 petitioners 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;

(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/- 28/10/2021 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, NO.1, TIRUVANNAMALAI 2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, TIRUVANNAMALAI 3 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 4 THE INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, THIRUVANNAMALAI DISTRICT 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.B.VISWANATHAN Advocate on payment of necessary charges SR.No.12029 +1 CC to M/S.E.SATHIYARAJ Advocate on payment of necessary charges SR.No. 12021 CRL OP.NOS.19315 & 19016/2021 Date :28/10/2021 APN 12/11/2021