S.Thamaraikannan v. The State,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.22859 of 2021 S.Thamaraikannan ... Petitioner

Versus

State represented by The Inspector of Police, Sendurai Police Station, Ariyalur District.

(Crime No.448 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of arrest pending investigation in Crime No.448 of 2021 on the file of respondent police.

For Petitioner :

Mr.M.Kavikannan For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side) *********

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 324, 506(ii) of IPC in Crime No.448 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant only started wordy quarrel and assaulted the petitioner on 07.11.2021. The petitioner and the defacto complainant are own brothers, there is a land dispute between them same was revealed in FIR. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there is land dispute between the petitioner and the defacto complainant, victim discharged and investigation almost completed and no previous case pending against the petitioner. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sendurai, Ariyalur District, on condition that 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 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 on every Sunday at 10.30 a.m., until further orders; (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]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 01/12/2021 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, SENDURAI, ARIYALUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, SENDURAI POLICE STATION, ARIYALUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S. M.KAVIKANNAN Advocate on payment of necessary charges SR.NO.13778 CRL OP.22859/2021 Date :01/12/2021 RW 07/12/2021