Kanniyappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24170 of 2021 Kanniyappan ... Petitioner

Versus

State represented by The Inspector of Police, Alangiyam Police Station, Tiruppur District.

(Crime No.646 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in Crime No.646 of 2021 pending investigation on the file of the respondent police.

For Petitioner :

Mr.C.S.Saravanan For Respondent :

Mr.N.S.Suganthan Government Advocate (Crl. Side) *********

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 324, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act 2002 in Crime No.646 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that there exists a civil dispute is an existing dispute between the defacto complainant and the petitioner and on the date of occurrence there arose a wordy quarrel and the petitioner is alleged to have caused simple injury to the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has 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 victim discharged and there is civil dispute. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Dharapuram, on condition that the petitioner 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 petitioner shall report before the respondent police on every Tuesday and Saturday at 10.30 a.m., until further orders; (c) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 13/12/2021 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, DHARAPURAM,TIRUPPUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALANGIYAM POLICE STATION, TIRUPUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.24170/2021 Date :13/12/2021 CSK 21/12/2021