Shankar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23406 of 2021
1. Shankar .. Petitioners
2. Shantha
3. Naduthayi Vs.
State Rep by
...Respondent
The Sub Inspector of Police, Alurpettai Police Station, Villupuram District.
(Crime No.497 of 2021) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.497 of 2021 on the file of the respondent police.
For Petitioners : Mr.V.R.Appaswamee For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 294(b), 324, 427, 448, 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Cr.No.497 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant regarding the possession of the land, due to which, the petitioners abused the defacto complainant in filthy language, assaulted him and threatened him with dire consequences and also caused injuries on him Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners have not been committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that there was a case in counter in Crime
No.496 of 2021. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl side) submits that investigation was almost completed.
5. Considering the submissions made by both counsel and also considering the fact that investigation was almost completed, this Court is inclined to grant anticipatory bail to the petitioners. 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Gingee on condition that each of the petitioners shall execute separate bonds for a sum of Rs.
10,000/- (Rupees Ten Thousand Only) each, 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the 1st petitioner shall report before the respondent police on every Sunday at 10.30 a.
(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/- 07/12/2021 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, GINGEE, VILLUPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE SUB INSPECTOR OF POLICE, ALURPETTAI POLICE STATION, VILLUPURAM DISTRICT.
+1 CC to MR.V.R.APPASWAMEE, Advocate on payment of necessary charges SR.NO.14232 CRL OP.23406/2021 Date :07/12/2021 TA-15/12/2021