Paramasivam v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.22962 of 2021 1.Paramasivam 2.Senthil Kumar ... Petitioners
Versus
State represented by The Inspector of Police, T.Palur Police Station, Ariyalur District.
(Crime No.527 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.527 of 2021 dated 06.09.2021 on the file of the respondent police.
For Petitioners : Mr.R.Sivaraman For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side) *********
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 506(ii) of IPC r/w 4 of Women Harassment Act in Crime No.527 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that on 30.08.2021 the petitioners had wordy quarrel with the defacto complainant and beated and harassed her. This is case in counter. Counter FIR is filed against the defacto complainant and 6 others. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have 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 the case in counter and the parties are close relatives, due to wordy quarrel, no injury. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, 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 before the learned Judicial MagistrateNo.I, Jayankondam, 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 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 on every Tuesday and Sunday 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/- 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, NO.I, JAYANKONDAM.
2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE T.PALUR POLICE STATION, ARIYALUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. R.SIVARAMAN Advocate on payment of necessary charges SR.NO.13805 CRL OP.22962/2021 Date :01/12/2021 JPA 06/12/2021