Sankar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Seventh day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5242 of 2022 1 SANKAR [ PETITIONERS / ACCUSED ] 2 MANIKANDAN Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, PORAIYAR POLICE STATION, MAYILADUTHURAI DISTRICT (CRIME NO.52/2022) For Petitioner : M/S T. PADMANABHAN 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 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 448, 323 and 506(1) of IPC in Crime No.52 of 2022 seek anticipatory bail.

2.From the First Information Report, it indicates that due to quarrel on 26.02.2022, at about 06.00 p.m., the petitioners herein have gone to the house of the defacto complainant at 10.00 p.m and attacked the defacto complainant with wooden stick on the right shoulder. The defacto complainant got admitted as inpatient on the same day and he got discharged from the hospital on 27.02.2022. Hence, this complaint.

3.Taking note of the nature of the complaint, this complaint came to be registered two days after the incident. Since the victim has sustained only simple injury and got discharged from the hospital and the incident has occurred due to some misunderstanding between the neighbours, this Court is inclined to grant anticipatory bail to the petitioners.

4.Accordingly, the petitioners are ordered to be released on anticipatory 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, Tharanganbadi, on condition that each of 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 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 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;

(b)the petitioners shall report before the Investigation Officer daily at 10.30 a.m. until further orders.

(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 petitioners 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/- 07/03/2022 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, THARANGANBADI 2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM(FOR INFORMATION)

3 INSPECTOR OF POLICE, PORAIYAR POLICE STATION, MAYILADUTHURAI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S T. PADMANABHAN Advocate on payment of necessary charges Sr.3550 CRL OP.5242/2022 Date :07/03/2022 RVR 10/03/2022