Thanush v. The Station House Officer
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 T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.21319 of 2021 1 THANUSH [ PETITIONERS / ACCUSED ] 2 SILAMPARASAN Vs THE STATION HOUSE OFFICER [ RESPONDENT ] MALLASAMUDRAM POLICOE STATION, NAMAKKAL DISTRICT.
Cr.No.317 of 2021 For Petitioner : M.SUBASH Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence under Sections 147, 294(b), 323, 427, 447, 506(ii) of IPC in Cr.No.317 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant, the petitioners along with other accused persons trespassed into the defacto complainant's house and abused the defacto complainant in filthy language, threatened him with dire consequences and also caused injuries to him. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners have not been committed any such offence as alleged by the prosecution and due to previous enmity, a false case has been lodged as against the petitioners. He further submits that the coaccused were already enlarged on anticipatory bail by this Court in Crl.OP.No.21039 of 2021 dated 09.11.2021. Hence, the learned counsel prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl side) submits that no one sustained any injury.
5. Considering the submissions made by both counsel and also considering the fact that no one sustained any injury and the coaccused were enlarged on anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioners.
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, Tiruchengode on condition that each of the petitioners shall execute separate bonds 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 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 report before the Attaiyampatti Police Station, Salem District on every Friday 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, TIRUCHENGODE 2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL(FOR INFORMATION) 3 THE STATION HOUSE OFFICER, MALLASAMUDRAM POLICOE STATION, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE OFFICER INCHARGE, ATTAIYAMPATTI POLICE STATION, SALEM CC to M.SUBASH Advocate on payment of necessary charges SR.12745 CRL OP.21319/2021 Date :12/11/2021 RVR 19/11/2021