Saravanan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.23710 of 2021
1. Saravanan
2. Ilanthamizhan
...Petitioners
Versus
State Rep by its The Inspector of Police, Valaigamman Police Station, Tiruvarur District.
(Crime No.294 of 2019)
...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.294 of 2019 pending investigation on the file of the respondent police.
For Petitioners : M/s.V.Challammal For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323 and 506(i) of IPC, in Crime No.294 of 2019, on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that there was a previous enmity between the petitioners and the defacto complainant, as a result of which, the petitioners had abused the defacto complainant in filthy language and attacked them with hands and caused injuries. Hence, the complaint was registered.
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 to the petitioners.
4.The learned Government Advocate (Crl.Side) submitted that the injured person has been discharged from the hospital and there is no previous case pending against the petitioners and the investigation is almost completed. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the fact that the injured person has been discharged from the hospital and the investigation is almost completed and the occurrence of the year 2019, 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, within a period of fifteen days from the date of receipt of a copy of this order, before the District Munsif cum Judicial Magistrate, Valangaiman, on condition that the petitioners shall execute a separate bond for a sum of Rs.
(c) the petitioners shall report before the respondent police on every Tuesday and Sunday 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 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;
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 08/12/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VALANGAIMAN, THIRUVARUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR DISTRICT.[FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VALAIGAMMAN POLICE STATION, TIRUVARUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.V.CHELLAMMAL Advocate on payment of necessary charges SR.NO.14419 CRL OP.23710/2021 Date :08/12/2021 RW 15/12/2021