Sakthivel v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twelfth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8471 of 2022 1 SAKTHIVEL [ PETITIONERS / ACCUSED ] 2 ILAYARAJA 3 SANGEETHA 4 PAPATHI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE VEERANAM POLICE STATION, SALEM CITY.

CRIME NO.390 OF 2021 For Petitioners : M/S.S.VINODHA 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 447, 323, 324 & 506(II) of IPC in Crime No.390 of 2021, on the file of the respondent police, seek anticipatory bail. 2.

The petitioners are relatives to the de facto complainant. It is alleged that, due to family dispute, they have attacked the de facto complainant with steal pipe and stick. The injured got admitted in the hospital on 21.08.2021 and got discharged on 27.08.2021. 3.

Taking note of the fact that the de facto complainant and the petitioners are related to each other and occurrence has taken place due to misunderstanding between the family members, further investigation is almost completed.

4.

In view of the above, 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.IV, Salem, on condition that each of the petitioners shall execute 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 learned Magistrate, failing which the anticipatory bail shall stand canceled and on further condition that:

(a) 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;

(b) the petitioners shall report before the Investigating Officer daily at 10.30 a.m. until filing of final report; (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioners 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 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; (f) if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 12/04/2022 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.IV, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE VEERANAM POLICE STATION, SALEM CITY.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.VINODHA Advocate on payment of necessary charges SR.NO.5588 CRL OP.8471/2022 Date :12/04/2022 JPA 19/04/2022