Madras High CourtCRL OP/4160/2021granted

Jayaraj v. State Rep By

2021-03-03Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Third day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.4160 of 2021 1 JAYARAJ [ PETITIONERS / ACCUSED ] 2 ELUMALAI 3 MANIKANDAN 4 SABARINATH Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, STEEL PLANT POLICE STATION, SALEM DISTRICT.

CR.NO.112 OF 2021 For Petitioner : M/S.M.SENTHILKUMAR Advocate For Respondent : M/S.S.KARTHIKEYAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences under Sections 294(b), 323 and 506(i) of I.P.C in Crime No.112 of 2021, on the file of the respondent/Police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners and the defacto complainant are family members and there was civil dispute between them. Due to which the petitioners waylaid the defacto complainant and abused him with filthy language and also attacked him with knife thereby he sustained injuries. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the petitioners attacked the defacto complainant and caused injuries to him and there was a civil dispute pending between them. He would

further submit that the injured discharged from the hospital. Hence, he opposed to grant of bail to the petitioner.

5. Considering the facts and circumstances of the case and also of the fact that only due to wordy quarrel the occurrence has taken place and the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with cetain 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 fifteen days from the date on which the order copy made ready, before the Judicial Magistrate No.I, Salem on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (each) (Rupees ten 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, failing which this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix thier photographs and Left Thumb Impression in the surety bond and the Magistrate 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229 A IPC.

With the above directions this Criminal Original petition is ordered.

-sd/- 03/03/2021 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.I, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, STEEL PLANT POLICE STATION, SALEM DISTRICT.

+1 CC to M/S.M.SENTHILKUMAR Advocate on payment of necessary charges SR.No.2757 CRL OP.4160/2021 Date :03/03/2021 cs 16/03/2021