Bharat @ Thirunavukkarasu v. The State Rep By It,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9085 of 2022 1 BHARAT @ THIRUNAVUKKARASU [ PETITIONERS / ACCUSED ] 2 JAGADESH @ JAGADEESAN Vs THE STATE REP BY IT, [ RESPONDENT ] THE INSPECTOR OF POLICE, SADRAS POLICE STATION, CHENGALPATTU, CR.NO.137 OF 2022 For Petitioner : M/S.M.KAVERISELVAM 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 herein, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 294(b) & 323 of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.137 of 2022, on the file of the respondent police, seek anticipatory bail.

2. Due to property dispute, it is alleged that the petitioners and others have attacked the de facto complainant and caused simple injury.

3. Considering the nature of the injury and the relationship between the parties, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 Court, Thirukazhikundram, Chengalpattu on condition that each of the petitioners shall execute a separate 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) if the petitioners 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 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;

(c)the petitioners shall report before the Investigating Officer daily at 10.30 a.m., until further orders;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners 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 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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 25/04/2022 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 COURT, THIRUKAZHIKUNDRAM, CHENGALPATTU

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, SADRAS POLICE STATION, CHENGALPATTU.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.KAVERISELVAM Advocate on payment of necessary charges Sr.6203 CRL OP.9085/2022 Date :25/04/2022 RVR 28/04/2022