Palanisamy v. State Rep By

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.20187 of 2021 1 PALANISAMY [ PETITIONERS / ACCUSED ] 2 MANJULA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANIYUR POLICE STATION, TIRUPPUR DISTRICT.

CRIME NO.367 OF 2021 For Petitioners : M/S.A.SARANRAJ Advocate For Respondent : MR.A.GOPINATH, Govt. Advocate ( Crl. Side) [Crl.O.P.NO.20187/2021] MR.S.BALAJI, Govt. Advocate (Crl. Side) [Crl.M.P.No.12783/2021] 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 offences under section 294(b), 324, 335 and 506(ii) of IPC, in Crime No.367 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant's mother did not repaid the borrowed amount to the petitioners. Due to which the petitioners joined together and had assaulted the defacto complainant thereby the defacto complainant sustained injuries. Hence the complaint was registered by the Law Enforcing Agency.

3.The learned counsel appearing for the petitioners submit that the petitioners did 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 Government Advocate (Crl.Side) submits that the injured discharged from the hospital. He further submits that there are no previous cases pending against the petitioners. However, he opposed grant of anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and also considering that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. 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 (*) Munsif Cum Judicial Magistrate Court, Maduranthakam on condition that the petitioners shall execute a bond for a sum of Rs.

(b) the petitioners shall report before the respondent police 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.

(*)AMENDED AS PER ORDER OF THIS COURT DATED 06/12/2021 MADE IN CRL.MP.No.12783 OF 2021 IN CRL.O.P.NO.20187 OF 2021 TO (*)1 THE MUNSIF CUM JUDICIAL MAGISTRATE COURT, MADURANTHAKAM.

2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE COURT, MADURANTHAKAM.

3 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].

4 THE INSPECTOR OF POLICE, KANIYUR POLICE STATION, TIRUPPUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.A.SARANRAJ Advocate on payment of necessary charges SR.NO.14335 CRL OP.20187/2021 Date :28/10/2021 JPA 12/11/2021