CRL OP/20984/2020 of ANANTHAN Vs THE STATE REP. BY on 30 December 2020

1. Ananthan2.Senthamarai3.Renukambal

.. PetitionersVs.

The State rep. by The Inspector of Police,Valathy Police Station,Villupuram District.(Cr.No.1478 of 2020)

.. Respondent

Prayer: Criminal Original Petition filed under Section 438 ofCriminal Procedure Code, praying to enlarge the petitioners on bailin the event of their arrest in Crime No.1478 of 2020 pendinginvestigation on the file of the respondent police.

For Petitioners : M/s.Usha Ramman

For Respondent : Mr.M.Mohamed Muzammil Government Advocate (Crl.Side)O R D E R

(The case has been heard through video conference)

The petitioners, who apprehends arrest at the hands of therespondent police for the alleged offences under Sections 147, 294(b), 323, 324, 355 and 506(ii) of IPC in Crime No.1478 of 2020 on thefile of the respondent police, seek anticipatory bail.

2. Heard both sides.

3. The learned counsel for the petitioner submitted that thereis a matrimonial dispute and a family dispute between the de-factocomplainant and the petitioners and in that dispute, this criminalcase in Crime No.1478 of 2020 came to be registered.

4. The learned Government Advocate (Criminal Side) submitted thatthe victim is the son-in-law of the first accused, the injured hasbeen discharged from the hospital and also the investigation iscompleted. He further submitted that the offences are bailablehttps://hcservices.ecourts.gov.in/hcservices/offence.

5. Considering the facts and circumstances of the case and alsothe fact that the injured has been discharged from the hospital, thisCourt is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners is ordered to be released onbail in the event of their arrest or on their appearance, within aperiod of fifteen days from the date of receipt of a copy of thisorder, before the learned Judicial Magistrate, Gingee, on conditionthat each of the petitioner shall execute a bond for a sum ofRs.10,000/- (Rupees ten thousand only) with two sureties each for alike sum to the satisfaction of the respondent police or the policeofficer who intends to arrest or to the satisfaction of the learnedMagistrate concerned and on further condition that:

[a] the sureties shall affix their photographs and Left ThumbImpression in the surety bond and the Magistrate may obtain a copy oftheir Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners shall report before the respondent policedaily at 10.30 a.m for a period of two weeks and thereafter, as andwhen required for interrogation.

[c] the petitioners shall not tamper with evidence or witnesseither during investigation or trial.

[d] the petitioners shall not abscond either duringinvestigation or trial.

[e] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate action againstthe petitioners in accordance with law as if the conditions have beenimposed and the petitioner released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

-sd/-

30/12/2020This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

TO

1 THE JUDICIAL MAGISTRATE,GINGEE.

2 THE CHIEF JUDICIAL MAGISTRATEVILLUPURAM [FOR INFORMATION]

3 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VALATHY POLICE STATION, VILLUPURAM DISTRICT. +1CC to M/S.USHA RAMMAN Advocate on payment of necessarycharges SR NO.8775 CRL OP.20984/2020 Date :30/12/2020MK:06/01/2021