Periannan v. The Station House Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Fifth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G. CHANDRASEKHARAN CRIMINAL ORIGINAL PETITION No.10563 of 2022 1 PERIANNAN [ PETITIONERS/ ACCUSED ] 2 KARTHICK Vs THE STATION HOUSE OFFICER [ RESPONDENT ] MANGALAPURAM POLICE STATION, NAMAKKAL DISTRICT.
(CR.NO. 64/2022) For Petitioner : M/S. M.SUBASH Advocate For Respondent : MR.N.S.SUGANTHAN, 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 & 506(ii) of IPC in Crime No.64 of 2022, on the file of the respondent police, seek anticipatory bail.
2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.Side).
3. The case of the prosecution is that on 28.04.2022, there arose a wordy quarrel between the petitioners and the defacto complainant regarding usage of common pathway, in which, the petitioners alleged to have attacked the defacto complainant using his hands and threatened him with dire consequences. In the said attack, the defacto complainant sustained injuries. Thereby, the law enforcing agency registered a case against the petitioners.
4. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and the defacto complainant had sustained only simple injuries. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
5. The learned Government Advocate (Crl.side) submitted that injured person has been discharged from the hospital.
6. It is seen from the submissions made by the learned counsel appearing for the parties that, due to common pathway dispute, there was a wordy quarrel followed by scuffle between the parties and that the injured has been discharged from the hospital. Therefore, this Court is inclined to grant anticipatory bail to the petitioners.
7. 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, Rasipuram, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- each (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)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 not tamper with evidence or witness either during investigation or trial;
(c)the petitioners shall report before the Respondent Police daily at 10.30.a.m., until further orders;
(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 has 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/- 05/05/2022 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, RASIPURAM, NAMMAKKAL DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE STATION HOUSE OFFICER MANGALAPURAM POLICE STATION, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S. M.SUBASH Advocate on payment of necessary charges SR.No.6869 CRL OP.10563/2022 Date :05/05/2022 CSK 11/05/2022