Balasubramaniam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Thirtieth day of April Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.8237 of 2021 1 BALASUBRAMANIAM [ PETITIONERS / ACCUSED ] 2 PUMATHI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, UDUMALPET POLICE STATION, TIRUPPUR DISTRICT.

CRIME NO.192/2021.

For Petitioner : M/S.B.KUARASAMY 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 for the alleged offence under Sections 294(b), 323, 324 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.192 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.Heard both sides.

3.The case of the prosecution is that, in a wordy altercation between the petitioners and the defacto complainant with regard to the damages caused to the pipe line laid in the agricultural field, the petitioners said to have attacked the defacto complainant and caused injuries. Hence, the complaint.

4.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution. He further submitted that the defacto complainant attacked the 1st petitioner's mother in a wordy altercation between them for which a complaint was registered in Crime No.193 of 2021. Hence, he sought for grant of anticipatory bail to the petitioner.

5.The learned Additional Public Prosecutor would submit that in a wordy altercation between the petitioners and the defacto complainant, the petitioners have attacked the defacto complainant and caused injuries. He further submitted that there is also a case in counter and the injured has been discharged from hospital. 6.Considering the facts and circumstances of the case and also that the injured has been discharged from hospital, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Udumalpet, within a period of 15 days from the date of receipt of a copy of this order, on executing a separate bond for a sum of Rs.10,000/- (Rupees ten 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 conditions that:

[a]if the petitioners fail to surrender before the concerned Magistrate/Court within a period of 15 days, this order shall stand automatically cancelled.

[b] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass book to ensure their identity. [c] 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.

[d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 30/04/2021 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, NO.1, UDUMALPET.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, UDUMALPET POLICE STATION, TIRUPPUR DISTRICT.

+1 CC to M/S.B.KUARASAMY Advocate on payment of necessary charges SR.NO.5654 CRL OP.8237/2021 Date :30/04/2021 TA-07/05/2021