Arjunan v. 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.25897 of 2021 1.Arjunan ... Petitioners 2.Hariya 3.Sakthivel 4.Murugan 5.Murali 6.Sakthivel Vs.
The State rep. by ... Respondent The Inspector of Police, Kadathur Police Station, Dharmapuri District.
(Crime No.451 of 2021) PRAYER : Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioners on Anticipatory Bail in the event on their arrest by the respondent police in Crime No.451 of 2021 on the file of the Respondent police. For Petitioners : Mr.J.Pradeep For Respondent : Mr.A.Gokulakrishnan, Addl. Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioners apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 294(b), 323, 324, 506(ii) of IPC in Crime No.451 of 2021, on the file of the respondent police, and they have filed this petition seeking for anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant are residing in the same village. On 22.12.2021, there was a wordy quarrel between the petitioner and the defacto
complainant regarding the work done by the 2nd petitioner herein, as a result of which, they said to have assaulted him. 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 earlier, the petitioners were attacked by the defacto complainant, and they have given a complaint, which was registered in Crime No.450 of 2021, as a counterblast, the present complaint has been filed. 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 as there was a wordy quarrel between them, as a result of which, the petitioners have also assaulted him with iron rod, thereby caused simple injury on his head and shoulder. 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, there was a wordy quarrel between the parties, thereby the petitioners have assaulted the defacto complainant with iron rod, 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, Pappireddipatti, Dharmapuri District, 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, PAPPIREDDIPATTI, DHARMAPURI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KADATHUR POLICE STATION, DHARMAPURI DISTRICT.
+1 CC to M/S.J.PRADEEP Advocate on payment of necessary charges SR.NO.15623 CRL OP.25897/2021 Date :29/12/2021 TA-30/12/2021