R.Gnanasekar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Tenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5563 of 2022 1 R.GNANASEKAR [ PETITIONERS / ACCUSED ] 2 M.SATHEESH 3 R.VASANTHA 4 M.NIRMALA Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, C-1. UTHUKOTTAI POLICE STATION, THIRUVALLUR DISTRICT.
CRIME NO.56 OF 2022 For Petitioners : M/S.U.ADHIYAMAN 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 under Sections 147, 148, 294(b), 448, 324 & 506(ii) IPC, in Crime No.56 of 2022 seeks anticipatory bail.
2. The case of the prosecution is that, due to family dispute two groups have clashed each other with wooden logs and sustained injuries. Hence, the complaint.
3. The learned Government Advocate (Crl. Side) submits that the injured persons have been discharged from the hospital. He further submits that a counter case has been registered against by the petitioners against the defacto complainant.
4. Considering the facts and circumstances of the case and also considering that the injured person who sustained injuries has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
5.Accordingly, the petitioners are 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, Uthukottai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/-only (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 his 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 not tamper with evidence or witness either during investigation or trial;
(c)the petitioners shall report before the Investigating Officer daily at 10.30a.m., until further orders and shall co-operate for investigation.
(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 has 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;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 10/03/2022 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.
(*)AMENDED AND THE TIME GRANTED TO COMPLY WITH THE CONDITION IS EXTENDED TILL 20.04.2022. AS PER ORDER OF THIS COURT DATED 07/04/2022 MADE IN CRL.MP.No.4692 OF 2022 IN CRL.O.P.NO.5563 OF 2022 TO (*)1 THE JUDICIAL MAGISTRATE, UTHUKOTTAI 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVALLUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, C-1. UTHUKOTTAI POLICE STATION, THIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.U.ADHIYAMAN Advocate on payment of necessary charges SR.NO.5443 CRL OP.5563/2022 Date :10/03/2022 JPA 16/03/2022 JPA 18/04/2022