Balan @ Balasubramani v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Sixth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.17251 of 2018 1 BALAN @ BALASUBRAMANI [ PETITIONERS / ACCUSED ] 2 SELVAM @ PANEERSELVAM 3 DHANAM @ DHANALAKSHMI Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, KITCHIPALAYAM POLICE STATION, SALEM.

CR.NO.315 OF 2017 For Petitioner : M/S.M.NEELAKANDAN Advocate For Respondent : MR.M.MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners seek anticipatory bail in Crime No.315 of 2017 registered by the respondent police for the alleged offence punishable under Sections 147, 294(b), 323 and 506(i) of IPC.

2. The case of the prosecution as per the de-facto complainant is that due to previous enmity, the petitioners abused the defacto complainant with filthy language, assaulted the mother of the defacto complainant and threatened with dire consequences and also criminally intimidated her.

3. The learned counsel for the petitioners would submit that due to previous enmity, a false complaint has been given against the petitioners and that the case has been registered during 2017.

4. The learned Additional Public Prosecutor would submit that due to wordy quarrel, the petitioners abused the defacto complainant, assaulted and criminally intimidated the mother of the defacto complainant.

5. Taking into consideration the facts of the case and the submissions made by the counsels, I am inclined to grant anticipatory bail to the petitioners subject to the following conditions:

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-II, Salem, on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) 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 said Magistrate, on further condition that:

[a] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days from the date of receipt of a copy of this order, this Order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police daily at 10.30.a.m until further orders.

[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 abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 06/07/2018 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.II, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KITCHIPALAYAM POLICE STATION, SALEM.

+1CC to M/S.M.NEELAKANDAN Advocate on payment of necessary charges SR NO.12575 CRL OP.17251/2018 Date :06/07/2018 MK:13/07/2018