M.Kanmani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9818 of 2022 1 M.KANMANI [ PETITIONERS / ACCUSED ] 2 SURYA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KUNNATHUR POLICE STATION, (CRIME NO.70/2022) For Petitioner : M/S.R.VIGNESHWARI, Advocate for M/S M.GURUPRASAD 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, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 427 and 506(ii) of IPC in Crime No.70 of 2022, on the file of the respondent police, seek anticipatory bail.

2.

Due to family dispute, it is alleged that the petitioners have trespassed into the house of the de facto complainant and damaged the property worth about Rs.23,000/-. 3.

Considering the nature of offence alleged against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

4.

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 Munsif cum Judicial Magistrate Court, Uthukuli, on condition that each of the petitioners shall deposit

Rs.10,000/- in Crime No. 70 of 2022 without prejudice to their right of defense and execute 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 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 Investigating Officer 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 28/04/2022 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, UTHUKULI,

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

4 THE INSPECTOR OF POLICE, KUNNATHUR POLICE STATION, +1 CC to M/S M.GURUPRASAD Advocate on payment of necessary charges SR.NO.6643 CRL OP.9818/2022 Date :28/04/2022 TA-06/05/2022