D.Raja v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7931 of 2022 D.RAJA [ PETITIONER / ACCUSED ] Vs STATE REP. BY THE INSPECTOR OF POLICE [ RESPONDENT ] N-3, MUTHIALPET POLICE STATION, CHENNAI.

(CRIME NO.87 OF 2022) For Petitioner : M/S.A.ARUN KUMAR 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 Section 294(b), 323 and 506(I) of IPC in Crime No.87 of 2022, 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.

It is alleged that the petitioner herein, due to family dispute, the petitioner gone to de facto complainant's shop and attacked him with iron rod causing bleeding injury in his nose. 4.

The learned Government Advocate (Crl. Side) states that counter case also been registered pursuant to the complaint given by the petitioner and same is also under investigation.

5. Taking note of the fact that injured de facto complainant was discharged from the hospital on the next day, this Court is inclined to grant anticipatory bail to the petitioner.

6. 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 XVI Metropolitan Magistrate, George Town court at Chennai, 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 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 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/- 06/04/2022 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 METROPOLITAN MAGISTRATE, NO.XVI, GEORGE TOWN COURT AT CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE N-3, MUTHIALPET POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.A.ARUN KUMAR Advocate on payment of necessary charges SR.NO.5364 CRL OP.7931/2022 Date :06/04/2022 JPA 12/04/2022