Ramesh v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5097 of 2022 RAMESH [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THAZAMBUR POLICE STATION, CHENGALPATTU DITRICT (CRIME NO. 12/2022) For Petitioner : M/S.S.SARAVANAN 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 apprehends arrest by the respondent police for the offences punishable under Sections 294(b) and 324 of IPC, in Crime No.12 of 2022, is before this Court seeking anticipatory bail. 2.
On perusal of the First Information Report given by one Fizza Kothari, it appears that there was some misunderstanding between the residents of gated community regarding pet animals and in view of the said misunderstanding on 13.01.2022, the petitioner herein has alleged to have attacked the husband of the complainant with some sharp stuff and caused injuries on his head, eyes and nose. 3.
The learned Government Advocate (Crl. Side) states that the injury sustained by the victim is simple in nature and he was discharged from the hospital on the same day, after getting treatment. 4.
Taking note of the fact that the defacto complainant and the petitioner are inmates of the same gated community and the injuries alleged to have been caused by the petitioner are simple in nature, this Court is inclined to grant anticipatory bail to the petitioner.
5.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate I, Chengalpattu, 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 learned Magistrate, failing which, the anticipatory bail shall stand cancelled and on further condition that: (a) the petitioner 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 petitioner shall report before the Investigating Officer daily at 10.00 am., until further orders.
(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/- 04/03/2022 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 JUDICIAL MAGISTRATE-I, CHENGALPATTU.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THAZAMBUR POLICE STATION, CHENGALPATTU DITRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.S.SARAVANAN Advocate on payment of necessary charges SR.No.3439 CRL OP.5097/2022 Date :04/03/2022 CSK 15/03/2022