V.Anbalagan v. The State By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5925 of 2022 1 V.ANBALAGAN [ PETITIONERS / ACCUSED ] 2 A.MALAR Vs THE STATE BY [ RESPONDENT ] INSPECTOR OF POLICE, POOLAMPATTI POLICE STATION, SALEM DISTRICT.

(CRIME NO.52 OF 2022) For Petitioner : M/S.A.SARAVANAN 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, 355 and 506(2) of IPC, in Crime No.52 of 2022, on the file of the respondent police, seek anticipatory bail. 2.For the occurrence which alleged to have been taken place on 11.02.2022, the petitioners as well as the defacto complainant had gone to the respondent Police on 07.03.2022 and had lodged complaint each other.

3.

On reading of the present complaint indicates that due to some disputes between the neighbours regarding cutting of grass, the petitioners in this case had quarreled with the defacto complainant. While so, the first petitioner had slapped the defacto complainant with slippers and the second petitioner had hit her with hands. In the counter case given by the second petitioner herein, she sustained simple injury and took treatment in the Government hospital.

4.

Being a case in counter, the quarrel erupted between the neighbours, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.

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 District Munsif Cum Judicial Magistrate, Edappadi, 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 report before the Investigating Officer, daily at 10.00 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/- 15/03/2022 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, EDAPADDI,SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, POOLAMPATTI POLICE STATION, SALEM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.A.SARAVANAN Advocate on payment of necessary charges SR.No.3948 CRL OP.5925/2022 Date :15/03/2022 CSK 18/03/2022