Baskaran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Second day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4688 of 2022 1 BASKARAN [ PETITIONERS / ACCUSED ] 2 SUDHAKAR 3 NAGALAKSHMI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NANNILAM POLICE STATION (LAW AND ORDER), TIRUVARUR DISTRICT.
CRIME NO.NOT KNOWN OF 2022.
For Petitioners : M/S. P.MUTHAMIZHSELVAKUMAR 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 petitioners, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323 & 506(ii) of IPC in Crime No. known of 2022, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 17.02.2022, there was a path way dispute between the petitioners family and the defacto complainant, due to which, the petitioners attacked the defacto complainant's mother. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any such offence as alleged by the prosecution and they have been falsely implicated in this case. Hence he prays for anticipatory bail and he is ready to abide any conditions.
4. The learned Government Advocate (Crl.Side) has submitted that the victim sustained simple injury. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the above facts and circumstances of the case and also the fact that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned District Munsif-Cum- Judicial Magistrate Court, Nannilam, on condition that 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 learned Magistrate concerned and on further conditions that: (a) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;
(c) the petitioners shall report before the respondent police as and when required for interrogation.
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 02/03/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANNILAM.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, NANNILAM POLICE STATION (LAW AND ORDER), TIRUVARUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges SR.NO.3190 CRL OP.4688/2022 Date :02/03/2022 JPA 09/03/2022