Mamallan Mahendaran v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Fourteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5817 of 2022 1 MAMALLAN MAHENDARAN [ PETITIONERS / ACCUSED ] 2 TAMILARASAN RAVI 3 SENGUTTUVAN 4 GAJENDRAN RAJENDRAN Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, TOWN POLICE STATION, KARAIKAL, PUDUCHERRY.
(CRIME NO.50 OF 2022) For Petitioner : M/S.D.SAIKUMARAN Advocate For Respondent : Mr.V.Balamurugane Public Prosecutor for Pondicherry 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 offence punishable under Sections 294(b), 323, 324, 506(ii) r/w 34 of IPC in Crime No.50 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioner along with other others picked up quarrel with the defacto complainant after refusing to pay money for the snacks packet and caused injuries to him. Hence, the complaint.
3. The learned counsel for the petitioners has 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 to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) has opposed to grant anticipatory bail to the petitioners by stating that the injured complainant has been discharge from the hospital on the next day.
5. Considering the facts and circumstances of the case and also considering the submissions made by both counsel and since there is no specific overt act attributed on these petitioners, this Court is inclined to grant anticipatory bail to the petitioners on 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 Judicial Magistrate-II, Karaikal, Puducherry on condition that the petitioners shall execute separate bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each, 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 Investigation Officer every day at 10.30 a.m., until further orders ; (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/- 14/03/2022 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, NO.II, KARAIKAL, PUDUCHERRY 2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, TOWN POLICE STATION, KARAIKAL, PUDUCHERRY.
4 THE PUBLIC PROSECUTOR PUDUCHERRY CC to M/S.D.SAIKUMARAN Advocate on payment of necessary charges Sr.3858 CRL OP.5817/2022 Date :14/03/2022 RVR 21/03/2022