Ezhumalai v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Twentieth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8701 of 2022 EZHUMALAI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, GINGEE POLICE STATION, VILLUPURAM CRIME NO.148 OF 2022 For Petitioner : M/S. G.MOHAMMED ASEEF 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 at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324 & 506(ii) of IPC, in Crime No.148 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The First Information Report indicates that the de facto complainant who is the husband of the petitioner's sister, has given a complaint on 12.03.2022, alleging that the petitioner herein came to the house of the de facto complainant, picked quarrel with him and attacked him with iron rod on his head and leg. Since he sustained injury, he was admitted in the hospital for treatment and from the hospital the complaint was recorded by the respondent Police.
3. The learned counsel for the petitioner states that due to family dispute, out of fit of anger the petitioner had attacked his brother-in-law and he had no intention of causing any grievous injury.
4. Taking note of the fact that the injured person was discharged from the hospital and the relationship between the defacto complainant and the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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, Gingee, 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) if the petitioner failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;
(c)the petitioner shall report before the Investigating Officer as and when required for interrogation;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial;
(f)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 have 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;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 20/04/2022 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, GINGEE.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, GINGEE POLICE STATION, VILLUPURAM 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. G.MOHAMMED ASEEF Advocate on payment of necessary charges SR.NO.5872 CRL OP.8701/2022 Date :20/04/2022 JPA 22/04/2022