G.Yuvaraj v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.No.25941 of 2021
1. G.Yuvaraj,
2. G.Thiruvengadam ... Petitioners Vs.
The State rep. by The Inspector of Police, Peranamallur Police Station, Thiruvannamalai Dt.
(Crime No.113 of 2020) ... Respondent PRAYER : Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on bail in the event of their arrest in Crime No.113 of 2020 pending on the file of the respondent police.
For Petitioners : Mr.R.Vijayaraghaven For Respondent : Mr.A.Gokulakrishnan, Addl. Public Prosecutor
ORDER
The petitioners apprehend arrest at the hands of respondent police for the offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of I.P.C. r/w Sec.3(1) of TNPPD Act in Crime No.113 of 2020, on the file of respondent police and now, they have filed the above petition seeking for anticipatory bail.
2. The case of the prosecution is that due to property dispute, on 11.03.2020 at about 15.00 hours, the defacto complainant and others prevented the petitioners from cutting tree, as a result of which, there was a scuffle and a wordy quarrel between them, thereby, the petitioners said to have assaulted him and caused grievous injury. In the said circumstances, the criminal case has been registered against them and now, apprehending arrest, they are seeking anticipatory bail.
3. The learned counsel appearing for petitioners would submit that due to a property dispute, already a civil suit was filed by 1st petitioner's wife against the defacto complainant and the same is pending. While being so, the defacto complainant using his influence, lodged the present complaint as if the petitioners alleged to have attacked him. He would submit that they are innocent persons, they are no way connected with the offence as alleged in the complaint and they have been falsely implicated in this case. Hence, they pray to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that due to property dispute, there was a wordy quarrel between them, as a result of which, the petitioners have assaulted him with wooden log, thereby caused simple injury. He would submit that the injured was discharged from the hospital and there is no previous case pending against the petitioners. However, he opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the fact that on the date of occurrence, due to property dispute, there was a wordy quarrel between the parties, thereby the petitioners have assaulted the defacto complainant, the injured person discharged from the hospital and no previous case pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions.
6. Accordingly, this Criminal Original Petition is allowed. 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, Cheyyar, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b]the petitioners shall report before respondent police daily at 10.30 a.m. for the period of three weeks.
[c]the petitioners shall not tamper with the 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 are 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 29/12/2021 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, CHEYYAR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, PERANAMALLUR POLICE STATION, THIRUVANNAMALAI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.R.VIJAYARAGHAVEN Advocate on payment of necessary charges SR.NO.15641 CRL OP.25941/2021 Date :29/12/2021 JPA 30/12/2021