Mohanraj v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI Crl.O.P.No.25903 of 2021
1. Monanraj
2. Palanivel
3. Santhi
...Petitioners
Vs The State rep by The Inspector of Police, Perambalur Town Police Station, Perambalu District.
...Respondent
PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.1584 of 2021 pending on the file of the The Inspector of Police, Perambalur Town Police Station, Perambalur District.
For Petitioners : Mr.D.Arun For Respondent : Mr.N.S,Suganthan Government Advocate (Crl.Side) DATED 04/01/2022 MR.A.GOKULAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR (DATED 01/02/2022)
O R D E R
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections (*)147, 294(b), 323 and 506(i), 379 of IPC and 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No. 1584 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that already there was a dispute between the defacto complainant and the family of the petitioners over using of common pathway. While so, on 24.12.2021 at about 4 p.m., there was a wordy quarrel between the defacto complainant and the accused with regard to using of pathway. At that time, the accused abused and assaulted the defacto complainant with wooden log and hands and caused injuries on her. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and would pray for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that though the victim has been discharged from the hospital, the victim who is a lady has been assaulted by four accused. Hence, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and the fact that the victim has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Crime No.1584 of 2021 and on such deposit, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the Additional Mahila Court, Perambalur, Perambalur District, on condition that the petitioners shall execute separate bonds 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 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 Aadhar card or Bank pass Book to ensure their identity.
[b] the 1st and 2nd petitioners are directed to report before the respondent police on every Saturday at 10.30 a.m., until further orders.
The 3rd petitioner shall report before the respondent police as and when required for interrogation.
[c] The defacto complainant is permitted to withdraw the deposit amount of Rs.10,000/- (Rupees Ten Thousand Only) on proper identification and acknowledgment.
[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioners shall not abscond either during investigation or trial.
[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 04/01/2022 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.
(*) AMENDED AS PER ORDER OF THIS COURT DATED 01/02/2022 MADE IN CRL.MP.NO.888 OF 2022 TO 1 THE ADDITIONAL MAHILA COURT, PERAMBALUR, PERAMBALUR DISTRICT.
2 THE INSPECTOR OF POLICE, PERAMBALUR TOWN POLICE STATION, PERAMBALUR DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.D.ARUN Advocate on payment of necessary charges SR.1742 CRL OP.25903/2021 Date :04/01/2022 RVR 07/01/2022 RVR 11/02/2022