Gajendiran v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.7954 of 2021 1 GAJENDIRAN [ PETITIONERS / ACCUSED ] 2 SELVAM 3 KISHORE Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SUNGUVARCHATRAM, KANCHEEPURAM DISTRICT.
CR.NO.269 OF 2021.
For Petitioner : M/S.M.MURALI Advocate For Respondent : M/S.T.SHUNMUGARAJESWARAN, 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 offence under Sections 147, 294(b), 323 and 506(i) of IPC read with Section 4 of TNPHW Act in Cr.No.269 of 2021 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the due to land dispute, a wordy quarrel arose between the petitioners and the defacto complainant. For which, the petitioners abused the defacto complainant in filthy language and threatened him. Based on the complaint, the respondent police registered a case against the petitioners.
3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that due to wordy quarrel between the petitioners attacked the defacto complainant. The defacto complainant has no external injuries.
5. Considering the facts and circumstances of the case and also the fact that there is no injury to the defacto complainant, this court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sriperumpathur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation; (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 absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 29/04/2021 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, SRIPERUMPATHUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, SUNGUVARCHATRAM, KANCHEEPURAM DISTRICT.
+1 CC to M/S.M.MURALI Advocate on payment of necessary charges SR.NO.5629 CRL OP.7954/2021 Date :29/04/2021 TA-06/05/2021