Madras High CourtCRL OP/24688/2021granted

Elamaran v. State By,

2021-12-17Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.12.2021

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.24688 of 2021 Elamaran ... Petitioner

Versus

State Rep by The Inspector of Police Thiruvannamalai East Police Station, Thiruvannamalai District.

(Crime No.645 of 2021) ... Respondent Prayer:-Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure seeking to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.645 of 2021 pending investigation on the file of the respondent police. For Petitioner :

M/s.S.Silambuselvan For Respondent :

Mr. A.Gokulakrishnan, Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest for the alleged offences under sections 294(b), 324, 307 & 506(ii) of IPC in Crime No.645 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is doing Hallow Blocks Manufacturing Business. On 17.08.2021, while he was going on his two wheeler, the petitioner along with other accused persons were alleged to have picked up wordy quarrel with the defacto complainant and attacked him using cricket stump. Hence, the defacto complainant lodged a complaint against the petitioner. 3.The learned counsel appearing for the petitioner submits that the petitioner is no way connected with the occurrence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor submits the petitioner along with the other accused persons picked up wordy quarrel with the defacto complainant and also attacked him using cricket stump. He further submits that accused/A3 and A4 were detained under Goondas Act and that there is no previous case pending against the petitioner/A2.

However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.2, Thiruvannamalai 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 and on further condition that:

(a) the petitioner 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 petitioner is directed to appear before the respondent police on every Tuesday and Sunday at 10.30 a.m for a period of four weeks and thereafter as and when required for interrogation; (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/- 17/12/2021 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, THIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUVANNAMALAI EAST POLICE STATION, THIRUVANNAMALAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO.15106 CRL OP.24688/2021 Date :17/12/2021 CSK 29/12/2021