Madras High CourtCRL OP/20817/2020granted

D.Hari Babu v. State Rep By

2021-01-08Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2021

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.No.20817 of 2020 1.D.Hari Babu 2.B.Sugumar 3.D.Gnanamoorthi ... Petitioners/Accused - 1 to 3 -VsThe State Rep. by The Inspector of Police, Brammadesam Police Station, Tiruvannamalai District.

(Crime No.1670 of 2020) ... Respondent/Complainant Prayer: Criminal Original petition filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Crime No.1670 of 2020 pending investigation on the file of the respondent police. For Petitioners : M/s.M.Uma Shankar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 and 506 (ii) of IPC, in Crime No.1670 of 2020, on the file of the respondent police, seek anticipatory bail.

2. The petitioners are the accused A1 to A3. The case of the prosecution is that, on 12.12.2020 at about 7.00 a.m, the petitioners along with other accused assaulted the defacto complainant and abused her with filthy language and there was a wordy quarrel between them. On the complaint lodged by the defacto complainant, a case was registered against the petitioners.

3. The learned Counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and the defacto complainant has lodged a false complaint against the petitioners. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor submitted that the petitioners along with other accused assaulted the defacto complainant, abused her with filthy language and there was a wordy quarrel between them. Hence, he opposed for grant of anticipatory bail to the petitioners.

5. Taking into consideration the facts and submissions of the learned Counsel, this Court is inclined to grant anticipatory bail to the petitioners subject to the following conditions;

6. Accordingly, the petitioners are directed to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days, from the date on which the copy of this order is made ready, 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 Judicial Magistrate Court, Cheyyar, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent daily at 10.30 a.m. for a period of two weeks and thereafter as and when required.

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

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 08/01/2021 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, CHEYYAR.

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

4 THE INSPECTOR OF POLICE, BRAMMADESAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

+1 CC to M/S.M.UMA SHANKAR Advocate on payment of necessary charges SR.No.331 CRL OP.20817/2020 Date :08/01/2021 cs 21/01/2021