M.Bakkiaraj 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.8452 of 2022 1 M.BAKKIARAJ [ PETITIONERS / ACCUSED ] 2 M BHARATHI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI.
CRIME NO.106/2022.
For Petitioner : M/S.C.VIGNESWARAN 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 for the alleged offence under Sections 294(b), 332, 341, 353, 506(i) of IPC in Crime No.106 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The petitioners herein apprehending arrest on an alleged complaint given by the Executive Officer of the Karimangalam Municipality alleging that the petitioners along with three others picked up a quarrel and slapped him.
3. The learned counsel for the petitioners submits that the petitioners along with others were present in the karimangalam town panchayat to participate in the auction for the road side Tamarind seed collection and harvest of fish in the lake owned by the panchayat. He further submits that instead of conducting the auction process at 11.a.m., as scheduled in the auction notice, the officials delayed the process awaiting someone else to come and manipulate the auction process and when the same was questioned by the petitioners herein, the defacto complainant abused them and given a false
complaint so that the petitioners herein may be prevented in the auction process.
4. Considering the nature of the complaint and the injuries sustained by the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioners.
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, Palacode on condition that the petitioners shall execute separate bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only)each, 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 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 not tamper with evidence or witness either during investigation or trial; (c)the petitioners shall report before the Investigating Officer as and when required for interrogation;
(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 has 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 absconds, 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, PALACODE, DHARMAPURI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, DHARMAPURI.
+1 CC to M/S.C.VIGNESWARAN Advocate on payment of necessary charges SR.NO.5594 CRL OP.8452/2022 Date :12/04/2022 TA-19/04/2022