Silambarasan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8279 & 8282 of 2022 1 SILAMBARASAN [ PETITIONERS / ACCUSED 2 MURUGAN IN CRL.O.P.Nos.8279/2022 ] 3 KANAGAVALLI 4 ARUMPU 1 MANIKANDAN [ PETITIONER/ACCUSED 2 KALVARAYAN IN CRL.O.P.Nos.8282/2022] 3 SENTHIL Vs STATE REP BY [RESPONDENT IN BOTH THE PETITIONS] THE STATION HOUSE OFFICER, THIRUNAVALUR POLICE STATION, KALLAKURICHI DISTRICT.
CRIME NO.82 OF 2022.
For Petitioner : M/S.A.ARIKRISHNAN, Advocate [IN BOTH THE PETITIONS] For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side) [IN BOTH THE PETITIONS] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners herein, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC, in Crime No. 82 of 2022, on the file of the respondent police, seek anticipatory bail.
2. Due to family dispute, these petitioners have attacked the de facto complainant with deadly weapon causing lacerated wound and the uncle of the de facto complainant has also sustained injury. Hence a case has been registered.
3. The learned counsel for the petitioners state that it is a case and case in counter, wherein, one of the accused in this case by name Arul has sustained injury and the case has been registered against the de facto complainant and others in Crime No.83 of 2022.
4. Taking note of the fact that the petitioners and the de facto complainant relating to each other and the incident had occurred due to family dispute, 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 Judicial Magistrate No.II, Ulundurpet, Kallakurichi District, on condition that each 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 Investigating Officer 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/- 08/04/2022 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, NO.II, ULUNDURPET, KALLAKURICHI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE STATION HOUSE OFFICER, THIRUNAVALUR POLICE STATION, KALLAKURICHI DISTRICT.
+2 CC to M/S.A.ARIKRISHNAN Advocate on payment of necessary charges SR.NO.5446, 5447 CRL OP.8279 & 8282/2022 Date :08/04/2022 TA-19/04/2022