Mohan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fifth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6862 of 2022 1 MOHAN [ PETITIONERS / ACCUSED ] 2 ARUN KUMAR 3 RAMESH 4 NAGAMMA Vs THE STATE OF TAMILNADU [ RESPONDENT ] THE INSPECTOR OF POLICE, C-2,SUNGUVARCHATRAM POLICE STATION, KANCHEEPURAM DISTRICT.

CRIME NO.192/2022 For Petitioner : M/S. S.N.SUBRAMANI Advocate For Respondent : M/S.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 offence punishable under Sections 294(b), 323, 324 of IPC r/w Section 4 of Women Harassment Act in Crime No.192 of 2022, on the file of the respondent police, seek anticipatory bail.

2. Due to property dispute between the brothers physical altercation took place on 13.03.2022, wherein the defacto complainant has sustained injuries and the victim was discharged from the hospital after treatment.

3. Considering the relationship between the defacto complainant and the nature of the injury alleged to have been sustained by the victim, this Court is inclined to grant anticipatory bail for the petitioners with certain conditions.

4. 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, Sriperumbudur on condition that the 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, Kaveripakkam 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/- 25/03/2022 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, SRIPERUMBUDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, C-2,SUNGUVARCHATRAM POLICE STATION, KANCHEEPURAM DISTRICT.

4 THE INSPECTOR OF POLICE, KAVERIPAKKAM POLICE STATION, RANIPET DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. S.N.SUBRAMANI Advocate on payment of necessary charges SR.NO. 4528 CRL OP.6862/2022 Date :25/03/2022 RW 31/03/2022