Pannerselvam v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twelfth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice SATHI KUMAR SUKUMARA KURUP CRIMINAL ORIGINAL PETITION No.19512 of 2021 PANNERSELVAM [ PETITIONER / ACCUSED ] Vs THE STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MOOLANOOR POLICE STATION, TIRUPUR DISTRICT.
CR.NO.627 OF 2021.
For Petitioner : M/S.M.GURUPRASAD Advocate For Respondent : MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294 (b), 323, 506(ii) of I.P.C. And Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Cr.No.627 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that there was a path way dispute between the petitioner and the defacto complainant. Due to wordy quarrel between them, the petitioner is alleged to have assaulted the defacto complainant and his mother. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. 4.The learned Additional Public Prosecutor would submit that no one was injured in this case. He would further submit that there is a case in counter in Cr.No.628 of 2021.
5.Considering the fact that no one was injured in this case, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Dharapuram on condition that the petitioner 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)the petitioner and the sureties shall affix their respective photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of his Aadhar card or Bank pass Book of Voter ID or Driving Licence to ensure his identity; (b)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter shall report before the respondent police on every Monday at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 12/10/2021 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, DHARAPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR. [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, MOOLANOOR POLICE STATION, TIRUPUR DISTRICT.
+1 CC to M/S.M.GURUPRASAD Advocate on payment of necessary charges SR.NO.11452 CRL OP.19512/2021 Date :12/10/2021 TA-18/10/2021