Madras High CourtCRL OP/3761/2022granted

Dharmaraj v. State By

2022-02-16Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3761 of 2022 1 DHARMARAJ [ PETITIONERS / ACCUSED ] 2 PRABAKARAN Vs STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, PERALAM POLICE STATION, THIRUVARUR DISTRICT.

(CRIME NO. 75 OF 2022) For Petitioner : M/S. S.SASIKUMAR Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners,who apprehend arrest for the alleged offences under Sections 294(b),324 and 506(II) of IPC, in Crime No.75 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioners joined with other accused abused the defacto complainant's father and mother with filthy language and also attacked them,due to which they got grievous injuries. Hence, the present case. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any such offences as alleged by the prosecution. He further submitted that they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Criminal Side) appearing for the respondent submits that with regard to the alleged occurrence the defacto complainant's father and mother had grievously injured. He further submitted that they have been discharged from the hospital. However, he opposed grant of anticipatory bail to the petitioners.

5. Heard both sides and perused the FIR placed on records.

6. In view of the above submissions made by the learned counsels appearing for either sides and also considering that the offence committed by the petitioners are not severe and hence custodial interrogation may not be necessary in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioners. 7.Accordingly, 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, Nannilam, on condition that each of 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioners shall report before the respondent police on every 10.00 a.m., for a period of fifteen (15) days and thereafter as and when required for interrogation.

(c)the petitioners shall not tamper with 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 16/02/2022 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.

TO 1 THE JUDICIAL MAGISTRATE, NANNILAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, PERALAM POLICE STATION, THIRUVARUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.SASIKUMAR Advocate on payment of necessary charge Sr.2515 CRL OP.3761/2022 Date :16/02/2022 RVR 18/02/2022