Madras High CourtCRL OP/24372/2021granted

Ayyappan v. State Rep By

2021-12-14Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24372 of 2021 Ayyappan ... Petitioner

Versus

State represented by The Inspector of Police, H4 Thiruvennainallur Police Station, Villupuram.

(Crime No.407 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 by the respondent police in connection with Crime No.407 of 2021 on the file of respondent police. For Petitioner :

Mr.E.Senthilnathan 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), 353, 506(1) of IPC in Crime No.407 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is working as a bullock cart rider on the occurrence day on 25.05.2021, the petitioner ride is bullock cart with a load of clay, at the time all of a sudden the defacto complainant intercepted the bullock cart by parking his bike before the bullock cart and started to scold the petitioner by using filthy language consequently there was a wordy quarrel between the petitioner and the defacto complainant. The petitioner is on ill-literate person not knowing that his bullock cart was intercepted by the defacto complainant who is a government authority, exchanged few words during the wordy quarrel. The petitioner regretted to the defacto complainant. Hence, the complaint.

3. The learned counsel appearing for the petitioner submitted that the petitioner 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 there is some wordy quarrel. 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 No.II at Ulundhurpettai, 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 Wednesday 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/- 14/12/2021 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, ULUNDHURPETTAI.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, H4 THIRUVENNAINALLUR POLICE SATION, VILLUPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.E.SENTHILNATHAN Advocate on payment of necessary charges SR.NO.14715 CRL OP.24372/2021 Date :14/12/2021 CSK 17/12/2021