Padmanabhan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of March Two Thousand Twenty One PRESENT The Hon`ble Mr Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.6017 of 2021 1 PADMANABHAN [ PETITIONERS / ACCUSED ] 2 JAYAPRAKASH 3 PONNUKANNU Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOOVATHUR POLICE STATION, KANCHEEPURAM DISTRICT.
(CR.NO.39/2021) For Petitioner : M/S.K.GOVI GANESAN Advocate For Respondent : M/S.S.KARTHIKEYAN, Additional Public Prosecutor 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 448, 294(b), 324 and 506(i)I.P.C, in Crime No.39 of 2021, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners and the defacto complainant are relatives. The allegation is that due to some property dispute, the petitioners said to have attacked the defacto complainant with wooden logs. Hence the complainant.
3. Heard the learned counsel for the petitioner.
4. The learned Additional Public prosecutor would submit that the due to some property dispute, the petitioners said to have attacked the defacto complainant with wooden logs. He would further submit that the injured discharged from the hospital. However he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and the fact that there is a civil dispute between the parties and the occurrence had taken place only due to wordy quarrel between the parties, this Court is inclined to grant anticipatory bail to the petitioners with stringent 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 fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Thirukazhukkundram on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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, failing which this petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners and the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioners shall report before the respondent police as and when required for interrogation.
[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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229 A IPC.
With the above directions, this Criminal Original petition is ordered.
-sd/- 25/03/2021 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, THIRUKAZHUKKUNDRAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KOOVATHUR POLICE STATION, KANCHEEPURAM DISTRICT.
+1 CC to M/S.K.GOVI GANESAN Advocate on payment of necessary charges SR.No.4065 CRL OP.6017/2021 Date :25/03/2021 cs 01/04/2021