Madras High CourtCRL OP/4380/2022granted

Anbarasu v. State Rep By

2022-02-22Honourable Mr Justice R. Pongiappan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Second day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.4380 of 2022 ANBARASU @ ANBARASAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ERUMAPATTY POLICE STATION, NAMAKKAL DISTRICT (CRIME NO.40/2022) For Petitioner : M/S M.JAIKUMAR Advocate For Respondent : M/S.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 at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 324, 506(i) of IPC in Crime No.40 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 01.02.2022, the petitioner threatened the defacto complainant to withdraw the case pending with regard to the property dispute. He also abused in filthy language and attacked the defacto complainant, thereby caused injury. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the person who sustained injuries in the alleged occurrence has been discharged from the hospital. Hence, he prays for grant of Anticipatory Bail to the petitioner.

4. Mr.S.Santhosh, learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that investigation is pending. However he admits that the person who sustained injuries in the alleged occurrence has been discharged from the hospital and there is no previous case pending against 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, 324, 506(i) of IPC and as of now, the person who sustained injury, after completing the treatment, discharged from the hospital. Therefore, considering the fact that the offence committed by the petitioner are not severe and that the injured person had been discharged from the hospital, 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 Court, Sendamangalam, on condition that the petitioner shall execute a bond for a sum of Rs.

(c) 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 interrogation.

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

(e)the petitioner shall not abscond either during investigation or trial;

(f)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; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 22/02/2022 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, SENDAMANGALAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ERUMAPATTY POLICE STATION, NAMAKKAL DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S M.JAIKUMAR Advocate on payment of necessary charges SR.NO. 2748 CRL OP.4380/2022 Date :22/02/2022 RW 25/02/2022