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2003 Supreme(Mad) 2019

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. KARPAGAVINAYAGAM
K.V.T.@ Thirupathiaiah - Appellant
Versus
State by Inspector of Police - Respondents
CRIMINAL ORIGINAL PETITION No.30168 of 2003
Decided On : 16 December 2003

Advocates Appeared:For The Petitioner:V. Gopinath, S.C., I.Subramanian, P.P. Amicus Curiae. For The Respondent: V. Jayaprakash Narayanan,G.A.

The main legal point established in the judgment is the seriousness of the allegations and the recurring issue of multiple bail applications being filed by different counsels for the same accused.

Headnote:

Anticipatory Bail - Criminal Procedure - Sections 147, 148, 341, 447, 506(ii) I.P.C. read with Section 25 of the Arms Act - Summary of Acts and Sections: The court discussed the provisions of Sections 147, 148, 341, 447, 506(ii) of the Indian Penal Code (I.P.C.) and Section 25 of the Arms Act in the context of granting anticipatory bail to the petitioner. The court emphasized the seriousness of the allegations and imposed stringent conditions for granting bail.

Fact of the Case:

The petitioner sought anticipatory bail for offenses under Sections 147, 148, 341, 447, 506(ii) I.P.C. read with Section 25 of the Arms Act. The petitioner denied authorizing a previous bail application filed by another counsel. The court found the filing of multiple bail applications by different counsels for the same accused to be a recurring issue.

Finding of the Court:

The court found that the petitioner could be granted anticipatory bail with stringent conditions due to the serious nature of the allegations. The court also highlighted the recurring issue of multiple bail applications being filed by different counsels for the same accused.

Issues: The issues included the petitioner's denial of authorizing a previous bail application, the seriousness of the allegations, and the recurring issue of multiple bail applications being filed by different counsels for the same accused.

Ratio Decidendi: The court's decision was influenced by the seriousness of the allegations and the recurring issue of multiple bail applications being filed by different counsels for the same accused.

Final Decision: The petitioner was granted anticipatory bail with stringent conditions, including a cash security deposit, execution of a bond, and daily reporting to the police. The court also addressed the recurring issue of multiple bail applications being filed by different counsels for the same accused.

Judgment :-

K.V.T. @ Thirupathiaiah, the petitioner herein seeking for anticipatory bail in respect of the case registered in Crime No.792 of 2003 on the file of the Inspector of Police, E.4, Maduravoil Police Station, Chengai East District, for the offences under Sections 147,148,341,447,506(ii) I.P.C. read with Section 25 of the Arms Act, has filed this application in Crl.O.P.No.30168 of 2003.

2. This application was filed on 3.9.2003. The petitioner has engaged Mr.V.Gopinath, the senior counsel through the counsel on record M/s.C.Christopher and D.Saravanan.

3. Even prior to this, the very same petitioner filed an application for anticipatory bail in Crl.O.P.No.29502 of 2003 in respect of the same case on 27.8.2003 through the counsel one Mr.K.Varadha Raja and the same is pending.

4. When the matter came up before this Court after notice for final disposal, Mr.V.Gopinath, the learned senior counsel appearing in Crl.O.P.No.30168 of 2003, would point out that the petitioner Thirupathiaiah has never engaged the said Mr.Varadha Raja, the learned counsel and he has not given instruction to him to file an application for anticipatory bail and as such, the application in Crl.O.P.no.29502 of 2003 has been filed without any authorisation from the petitioner.

5. To this effect, Thirupathiaiah, the petitioner has filed an affidavit stating that he had not instructed anybody to file anticipatory bail petition on his behalf and as such, petition in Crl.O.P.No.29502 of 2003 was filed by the said Varadha Raja, the learned counsel without his authorisation. It is also pointed out in this affidavit that the particulars about the address of the petitioner and his father's name are wrongly given in Crl.O.P.No.29502 of 2003. In the petition in Crl.O.P.No.29502 of 2003 filed by the counsel Mr.Varadha Raja, it is stated that the petitioner is K.V.T. @ Thirupathi Ayya, S/o.Karuppiah, No.5, Gandhi Road, Villivakkam, Chennai, whereas the actual particulars relating to the address and father's name are K.V.T. @ Thirupathiaiah, S/o. K.Venkatasubbiah, No.100, 15th Cross Street, Senthil Nagar, Kolathur, Chennai-99. These particulars are correctly given in the complaint which has been given by the defacto complainant against him as well as in this petition. He has also filed a separate affidavit authorising Mr.V.Gopinath, the learned senior counsel to represent M/s.C.Christopher and D.Saravanan to appear for him.

6. When the matter was taken up by this Court, the said Mr.Varadha Raja, who claimed himself as the counsel for the petitioner in Crl.O.P.No.29502 of 2003 was not present. Then, notice was ordered to him. Despite that, he did not appear. Therefore, this Court heard the arguments of Mr.V.Gopinath, the learned senior counsel in Crl.O.P.No.30168 of 2003 for the petitioner and also the reply by the Government Advocate appearing for the respondent.

7. According to prosecution, one Krishnan, the Power of Attorney Agent of one Abdul Hadhi Basha has been looking after his lands in the village and one Abdul Haque is having lands adjoining the lands of the said Abdul Hadhi Basha and when the said Abdul Haque disturbed the possession of Abdul Hadhi Basha, Krishnan, his Power Agent gave a complaint to the police, but no action was taken and therefore, he filed a suit in O.S.No.197 of 2000 against the neighbouring land owner Mr.Abdul Haque and obtained an interim injunction order in I.A.No.740 of 2000 on the file of the District Munsif Court, Poonamallee. On 5.7.2003 at about 6.00 p.m., when Krishnan, the Power Agent of Abdul Hadhi Basha was proceeding to the above said land, Thirupathiaiah, the petitioner and other accused, the supporters of the said Abdul Haque, came to the land and questioned the Power Agent and picked up quarrel with him for having resorted to initiation of the proceedings before the police as well as before the civil Court. One Ranganathan, M.L.A., Purasawalkam Constituency (A3) instigated the petitioner to attack him and at his instance,


































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