Narayanan v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Eleventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8375 of 2022 1 NARAYANAN [ PETITIONERS / ACCUSED ] 2 USHARANI 3 KUMAR @ MARIMUTHU Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, MATHUR POLICE STATION, KRISHNAGIRI DISTRICT CRIME NO.106 OF 2022 For Petitioner : M/S. M.MACHAVATHARAN Advocate For Respondent : M/S.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 294(b), 323, 324, 506(ii) of IPC and Section 4 of The Tamil Nadu Prohibition of Harassment of Woman Act, 2002 in Crime No.106 of 2022, on the file of the respondent police, seek anticipatory bail. 2.

Due to quarrel between the neighbour and it is alleged that the de facto complainant was attacked by the petitioners and also harassed her by molesting her modesty.

3.

The learned Government Advocate (Crl.Side) states that it is a case and case in counter and the victim sustained simple injury and discharged from the hospital on the next day.

4.

Considering the fact that sudden fight between the de facto complainant's wife and the petitioners herein this incident has taken place and the victims are already been injured discharged from the hospital, 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 District Magistrate cum Judicial Magistrate, Pochampalli, 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 Tirupathur town police station daily at 10.30 a.m. until further orders; (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/- 11/04/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, POCHAMPALLI, KRISHNAGIRI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MATHUR POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE OFFICER INCHARGE, TIRUPATHUR TOWN POLICE STATION, TIRUPATHUR.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. E.KANNADASAN Advocate on payment of necessary charges SR.NO. 5585 CRL OP.8375/2022 Date :11/04/2022 RW 19/04/2022