Velumani v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21754 of 2021
1. Velumani
2. Mohanapriya ... Petitioners Vs.
State through The Inspector of Police, Thadagam Police Station, Coimbatore District.
(Crime No.369 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C praying to grant Anticipatory Bail to the petitioners in the event of their arrest in Crime No.369 of 2021 now pending investigation on the file of the respondent.
For petitioners : Mr.J.Hariharan Alias Harish For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 447, 427, 506(ii) and 379 of IPC, in Crime No.369 of 2021, seek anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the de facto complainant, as a result of which, the petitioners are said to have attacked the de facto complainant and caused simple injuries and there is a case in counter. Hence the complaint.
3. The learned counsel for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution. Accordingly, he prays for anticipatory bail to the petitioners.
4. The learned Government Advocate submitted that the victim has already been discharged from the hospital. The learned counsel further submitted that the investigation is almost completed.
5. Taking into consideration, the facts and circumstances of the case and also of the fact that the injured has already been discharged from the hospital, 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 on which the order copy made ready, before the learned Judicial Magistrate No.I, Coimbatore, on condition that each of the petitioner 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.
[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].
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A 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, NO.I, COIMBATORE 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THADAGAM POLICE STATION, COIMBATORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S J.HARIHARAN ALIAS HARISH Advocate on payment of necessary charges SR.No.13037 CRL OP.21754/2021 Date :19/11/2021 APN 23/11/2021