Senthilkumar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 21.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.25136 of 2021 Senthilkumar ... Petitioner
Versus
State Rep by ... Respondent The Inspector of Police, Aliyar Police Station, Coimbatore District.
(Crime No.166 of 2021) 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 their arrest in Crime No.166 of 2021 pending investigation on the file of the respondent police. For Petitioner : M/S.N.Chinnaraj For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
The petitioner, who apprehends arrest for the alleged offence under Section 294(b), 324, 427 & 506(ii) of IPC r/w Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Cr.No.166 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant's husband and the petitioner's mother were utilizing the common well for water irrigation to their agricultural land through motor. There was dispute with regard to sponsoring of money to the repaired motor. Due to which, the petitioner abused the defacto complainant in filthy language while she was alone with her children and assaulted her in which she sustained simple injuries. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the defacto complainant sustained only simple
injuries. Hence, he prays to grant anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent submits that the injured person has been discharged from the hospital.
5. Considering the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on anticipatory 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 learned Judicial Magistrate-II, Pollachi, 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 shall report before the respondent police on every 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 anticipatory 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/- 21/12/2021 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-II, POLLACHI, COIMBATORE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALIYAR POLICE STATION, COIMBATORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.N.CHINNARAJ Advocate on payment of necessary charges SR.NO.15350 CRL OP.25136/2021 Date :21/12/2021 CSK 29/12/2021