Manickam v. The State, Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twelfth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice TV. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21246 of 2021 1 MANICKAM [ PETITIONERS / ACCUSED ] 2 ANNAMALAI 3 RUSSIYA Vs THE STATE, REPRESENTED BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, PAPPIREDDIPATTY POLICE STATION, DHARMAPURI DISTRICT.
CR.NO.485/2021.
For Petitioner : M/S.K.KALAIKOVAN Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 323, 324, 307, 506(ii) of IPC, in Crime No.485 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the land dispute between the petitioners and the defacto complainant was not intentional one and it was accidental. The defacto complainant with his brother and father correcting with the pathway varappu at the time the petitioners were entered in the land at the time of wordy quarrel arose and
scolded with filthy words and assaulted with the defacto complainant's brother with Iron road and simple injury sustained and also life threatened. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that the petitioners are an innocent persons 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) appearing for the respondent submitted that the wordy quarrel and civil dispute and A11 already released on bail. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and the fact, this Court is inclined to grant anticipatory bail to the petitioners with certain 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 Court, Pappireddipatty, on condition that the petitioners 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 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 appear 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 12/11/2021 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, PAPPIREDDIPATTY 2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, PAPPIREDDIPATTY POLICE STATION, DHARMAPURI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.K.KALAIKOVAN Advocate on payment of necessary charges SR.No.12694 CRL OP.21246/2021 Date :12/11/2021 APN 15/11/2021