Madras High CourtCRL OP/21811/2021granted

Gowrammal v. State Rep. By

2021-11-19Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.11.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.21811 of 2021

1. Gowrammal

2. Peruma

3. Badmini

4. Murugesan

5. Chinnaraj

6. Madhesh

7. Krishnamoorti

8. Sathiyamoorthy

9. Poovarasan ... Petitioners

Versus

State Rep by Inspector of Police, Palacode Police Station, Dharmapuri District (Crime No.03 of 2020) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in the event of their arrest in Crime No. 03 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.N.Ponraj For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

The petitioners, who apprehend arrest for the alleged offences under sections 147, 148, 294(b), 323, 354, 324, 506(ii), 307 IPC r/w 3(1) of PPDL Act and 379 (NP) IPC, in Crime No.03 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a dispute in between the petitioners and the defacto complainant with regard to the property. Due to which, the petitioners attacked the defacto complainant. Thereby the defacto complainant sustained multiple injuries. Hence, the Law Enforcing Agency registered a case against the petitioners.

3. The learned counsel for the petitioners submits that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that co-accused enlarged on bail. Hence, he prayed for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submits that the injured person discharged from the hospital. He further submits that there is no previous case pending against the petitioners and the investigation almost completed. However, he opposed for 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 and the investigation completed, 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 his appearance before the learned Judicial Magistrate, Palacode 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, 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.

[c] the petitioners are directed to report before the respondent police on every Wednesday and Sunday at 10.30.a.m., until further orders.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. -sd/- 19/11/2021 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, PALACODE.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, PALACODE POLICE STATION, DHARMAPURI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. N.PONRAJ Advocate on payment of necessary charges SR.NO.13226 CRL OP.21811/2021 Date :19/11/2021 JPA 24/11/2021