Santhappan v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7596 of 2022 SANTHAPPAN [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE SUB INSPECTOR OF POLICE, RASIPURAM POLICE STATION, RASIPURAM, NAMAKKAL DISTRICT.

CRIME NO.1340 OF 2021.

For Petitioner : M/S.D.YOGA PRIYA, 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 offences 294(b), 352 and 506(II) of IPC in Crime No.1340 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).

3.

Due to land dispute, the petitioner herein has tried to attack the de facto complainant and abused in filthy language, since the general public have gathered, the petitioner herein had left the de facto complainant unhurt, but with a threat that he will do away. 4.

Considering the allegations against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 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, Rasipuram, on condition that the petitioner shall execute a 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)the petitioner 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; (b)the petitioner shall not tamper with evidence or witness either during investigation or trial; (c)the petitioner shall report before the Investigating Officer as and when required for interrogation;

(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/- 04/04/2022 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, RASIPURAM, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, RASIPURAM POLICE STATION, RASIPURAM, NAMAKKAL DISTRICT.

+ CC to M/S. B.JAWAHAR Advocate on payment of necessary charges SR.NO.5101 CRL OP.7596/2022 Date :04/04/2022 TA-07/04/2022