M.Shankar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24475 of 2021 1 M.Shankar .. Petitioners 2.M.Balakrishnan 3.M.Perumal 4.M.Arumugam Vs.

State, rep by the Inspector of Police, Varanjaram Police Station, Kallakurichi District.

(Crime No.482 of 2021)

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of arrest in Crime No.482 of 2021 on the file of the Sub Inspector of Police, Varanjaram Police Station, Kallakurichi District. For Petitioners : Mr.C.Mahendran For Respondent : Mr.N.S.Suganthan, Government Advocate (Crl.Side)

ORDER

The petitioners, who apprehend arrest for the alleged offence under Section 147, 294(b), 323, 324 and 506(ii) of IPC in Cr.No.482 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to political motive, there was a wordy quarrel between the petitioners and the defacto complainant. In this connection, the petitioners abused the defacto complainant in filthy language, assaulted him and threatened him with dire consequences. 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. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl side) submits that there was a case in counter. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.

5. Considering the submissions made by both counsel and also considering the fact that there was a case in counter, 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 No.1, Kallakurichi 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 petitioners shall report before the respondent police on every Wednesday at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation; (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/- 15/12/2021 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.I, KALLAKURICHI.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VARANJARAM POLICE STATION, KALLAKURICHI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.C.MAHENDRAN Advocate on payment of necessary charges SR.NO.14864 CRL OP.24475/2021 Date :15/12/2021 CSK 22/12/2021