Ganesan v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.23117 of 2021 1.Ganesan 2.Amildharasan 3.Saravanan ... Petitioners
Versus
The State of Tamil Nadu through The Inspector of Police, Tiruppur South Police Station, Tiruppur.
(Crime No.2184 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.2184 of 2021 on the file of the respondent police.
For Petitioners : Mr.Deepanuday 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 341, 294(b), 323 and 506(ii) of IPC in Crime No.2184 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant has a banyan compaly at Tiruppur. On 25.11.2021 when the defacto complainant along with his son tried to make a U-Turn near TKT bunk in his car, the First petitioner parked his car near the U-Turn. Defacto complainant found that car as a barrier to make a U-Turn. So, his son
asked A1 to take the car out of the pathway which A1 refused and slapped defacto complainant's son.
By seeing this, defacto complainant raised his voice to stop the quarrel and the first petitioner's son A2 along with A3 assaulted defacto complainant and used unparliamentary words is the allegation. Hence this case.
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 injured discharged and wordy quarrel. 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 Magistrate - II, Tiruppur District, 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 are directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Legal Services Authorities, Pudukottai District within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.
[b] 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 daily 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on anticipatory 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/- 02/12/2021 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.II, TIRUPPUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, TIRUPPUR SOUTH POLICE STATION, TIRUPPUR.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE OFFICER INCHARGE, LEGAL SERVICES AUTHORITIES, PUDUKOTTAI DISTRICT.
6 THE SECRETARY, TAMIL NADU LEGAL SERVICES AUTHORITY HIGH COURT, MADRAS.
+1 CC to M/S. DEEPANUDAY Advocate on payment of necessary charges SR.NO.13977 CRL OP.23117/2021 Date :02/12/2021 JPA 06/12/2021