Shanthi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventeenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6197 of 2022 1 SHANTHI [ PETITIONERS / ACCUSED ] 2 G.SATHISHKUMAR 3 G.JAGATHEESH Vs STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, VENNANDUR POLICE STATION, NAMAKKAL DISTRICT.

(CRIME NO.30 OF 2022) For Petitioner : M/S.W.CAMYLES GANDHI 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 294(b), 323, 324 and 506(II) of IPC in Crime No.30 of 2022, on the file of the respondent police, seek anticipatory bail. 2.

Due to Civil dispute, quarrel has erupted between the de facto complainant and the petitioners herein. According to the FIR, these petitioners attacked the de facto complainant with iron rod causing dislocation of teeth and injury on the leg.

3. The learned Government Advocate (Crl.Side) had circulated the discharge summary of the injured before this Court. 4.

Considering the fact that it is a case and counter and petitioners also sustained injuries in the fight, this Court is inclined to grant anticipatory bail to the petitioners with certain condition that the petitioners should stay at Karur.

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, Rasipuram, 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 learned Magistrate, failing which the anticipatory bail shall stand canceled 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 stay at Karur and report before the Karur Town police station 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 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 17/03/2022 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, RASIPURAM, NAMAKKAL.

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

4 THE SUB INSPECTOR OF POLICE, VENNANDUR POLICE STATION, NAMAKKAL DISTRICT.

5 THE OFFICER INCHARGE KARUR TOWN POLICE STATION, KARUR.

+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.4117 CRL OP.6197/2022 Date :17/03/2022 TA-23/03/2022