M. Raja v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.23306 of 2021 1.M.Raja 2.R.Muthusamy 3.K.Balu ... Petitioners
Versus
State Rep by The Inspector of Police, Pudhuchathiram Police Station, Namakkal District.
(Crime No.671 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in the event of their arrest in Crime No.671 of 2021 pending investigation on the file of the respondent police. For Petitioners :
Mr.K.A.Mariappan For Respondent :
Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
The petitioners , who apprehend arrest at the hands of the respondent police for the alleged offences under sections 147, 294 (b), 322, 506(i) IPC r/w.Sec.4 of Tamil Nadu Prohibition of Women Harassment Act, in Crime No.671 of 2021 seeks anticipatory bail. 2.The case of the prosecution is that the petitioners along with other accused abused the defacto complainant in a filthy language. It is further alleged that the petitioners attacked the defacto complainant and thereby he sustained severe injuries. Hence, the defacto complainant lodged a complaint against the petitioners .
3. The learned counsel for the petitioners submits that the petitioners did not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that a counter case was registered against the defacto complainant. He further submits that during the pendency of the case, the matter was compromised. Hence, he prays for grant of anticipatory bail to the petitioners .
4.The learned Additional Public Prosecutor submits that the matter was compromised between the parties. However, he opposed for grant of 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 .
6. Accordingly, the petitioners is ordered to be released on bail in the event of arrest or on his appearance before the Judicial Magistrate Court No.2, Namakkal 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 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 petitioners is directed to report before the respondent police on every Saturday at 10.30.a.m., until further orders. [c] the petitioners shall not tamper with the 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A 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, NO.2, NAMAKKAL.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PUDUCHATRAM POLICE STATION, NAMAKKAL DISTRCIT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. K.A. MARIAPPAN Advocate on payment of necessary charges CRL OP.23306/2021 Date :07/12/2021 CSK 15/12/2021