Madeshwaran v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6841 of 2022 1 MADESHWARAN [ PETITIONERS/ ACCUSED ] 2 PREAMKUMAR 3 DHAKSHANAMOORTHY Vs 1 THE INSPECTOR OF POLICE [ RESPONDENT ] NAGARASAMPATTI POLICE STATION, KRISHNAGIRI DISTRICT.
(CRIME NO.24/2022) For Petitioner : MR.V.PARTHIBAN FOR M/S M.JAYACHANDRAN 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 147, 148, 294(b), 342, 323, 324 & 506(ii) of IPC in Crime No.24 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The petitioners are arrayed as A1, A4 & A6 in Crime No.24 of 2022. It is stated that due to Civil dispute there was physical altercation between the defacto complainant's family members and the petitioners leading to cause injuries to each other with iron rod and stones .
3. The learned Government Advocate (crl.side) states that the persons who were injured in this case are now discharged from the hospital.
4. Considering the fact that the occurrence had taken place due to a Civil dispute and already a suit is pending, 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 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, Pochampalli on condition that each of the petitioners shall execute a separate 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) 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 Inspector of Police, Tirupattur Town Police Station daily 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/- 24/03/2022 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, POCHAMPALLI, KRISHNAGIRI.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE NAGARASAMPATTI POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE TIRUPATTUR TOWN POLICE STATION, TIRUPATTUR.
+1CC to M/S M.JAYACHANDRAN Advocate on payment of necessary charges SR.No.4488 CRL OP.6841/2022 Date :24/03/2022 CSK 29/03/2022