Sekar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventeenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3892 of 2022 SEKAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MANAVALANAGAR POLICE STATION, TIRUVALLUR DISTRICT.

CRIME NO.11 OF 2022.

For Petitioner : M/S. R.SASIKUMAR Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 294(b), 323, 427 & 506(ii) of IPC r/w Section 4 of Women Harassment Act in crime No.11 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 08.01.2022, due to land dispute, the petitioner along with some other persons abused and assaulted the defacto complainant. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submit that the petitioner also sustained injury and his brother gave a complaint, which was received by the respondent police in CSR.No.19 of 2022 dated 08.01.2022. Hence, he prays for anticipatory bail to the petitioner.

4. Mr.S.Santhosh, learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the investigation is pending. However he admits that no major injury was found and the injured was treated as out patient. He further submit that there is no previous case pending against the petitioner. However, he opposed for grant of anticipatory bail to the petitioner.

5. The submissions made by the learned counsel on either side are considered.

6. The respondent police registered a case against the petitioner for the offences punishable under Sections 294(b), 323, 427 & 506(ii) of IPC r/w Section 4 of Women Harassment Act. The submissions made by the learned Government Advocate (crl.side) reveal the fact that the injured was treated only as out patient. Therefore, considering the fact that the offence committed by the petitioner are not severe and that the petitioner is the first offender, the custodial interrogation of the petitioner may not be necessary for completing investigation in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Thiruvallur, on condition that the petitioner 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 petitioner and the sureties shall affix his 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 petitioner shall report before the respondent police daily at 10.00 a.m. for a period of 15 days and thereafter, as and when required for investigation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 17/02/2022 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, NO.II, THIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MANAVALANAGAR POLICE STATION, TIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges SR.NO.2620 CRL OP.3892/2022 Date :17/02/2022 JPA 22/02/2022