M.Palraj v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Thirtieth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7229 of 2022 M.PALRAJ [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] CHINNASALEM POLICE STTAION, KALLAKURICHI DISTRICT For Petitioner : M/S.K.A.MARIAPPAN 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 petitioner, who apprehends arrest for the alleged offence under Sections 294(b), 323 & 506(I) of IPC in Crime No.115 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The petitioner herein is the 1st accused in Crime No.115 of 2022 on the file of the respondent police. The allegation against the petitioner is that, he attacked the de facto complainant with iron rod on his face causing injury on his mouth leading to two stitches. The de facto complainant was admitted in the hospital on 22.03.2022 and get discharged on the next day.
3. The learned counsel for the petitioner would submit that, it is a case and case in counter, wherein the petitioner also sustained injury and he also admitted in the hospital, de facto complainant who went to the petitioner's house in a drunken mood and picked a quarrel, which leads to physical altercation.
4. Considering the nature of the injury and the circumstances in which offence has been committed, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions.
5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Chinnasalem, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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)the petitioner and the sureties shall affix his 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 petitioner shall not tamper with evidence or witness either during investigation or trial;
(c)the petitioner shall report before the Investigating Officer daily at 10.30 a.m. until further orders;
(d)the petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the petitioner 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 absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 30/03/2022 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, CHINNASALEM 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE CHINNASALEM POLICE STTAION, KALLAKURICHI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.K.A.MARIAPPAN Advocate on payment of necessary charges SR.NO.4790 CRL OP.7229/2022 Date :30/03/2022 JPA 04/04/2022