K.Ashok v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.22375 of 2021 K.Ashok ... Petitioner Vs.

The State Rep. by The Inspector of Police, Marakkanam Police Station, Villupuram.

(Crime No.383 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest by the respondent police in connection with the Crime No.383 of 2021 on the file of the respondent Police. For petitioner : Mr.V.Ramana Reddy For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324,506(i) of IPC in Crime No.383 of 2021 seeks anticipatory bail.

2. The case of the prosecution is that following a wordy quarrel due to family dispute, the petitioner abusing with filthy language and assaulted the defacto complainant and criminally intimidated him. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and the petitioner is ready and willing to take care of his family. Hence, he prayed to grant anticipatory bail to the petitioner.

4.The learned Government Advocate submitted that the family dispute between the parties and investigation is almost completed. 5.Taking into consideration, the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions. 6.In view of the facts and circumstances and considering the nature of the family issue between the parties, this Court directs the petitioner to go for mediation with the defacto complainant at Mediation and Conciliation Centre, Villupuram District, on 06.12.2021. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court No.

II, Tindivanam, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), with two sureties 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 petitioner 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 petitioner shall report before the respondent police every Wednesday at 10.30 a.m, for a period of four weeks and thereafter as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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 persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 26/11/2021 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.II, TINDIVANAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, MARAKKANAM POLICE STATION, VILLUPURAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to V.RAMANA REDDY Advocate on payment of necessary charges SR.NO.13630 CRL OP.22375/2021 Date :26/11/2021 JPA 02/12/2021