Shanmugam v. State Rep By

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.10680 of 2022 1 SHANMUGAM [ PETITIONERS / ACCUSED ] 2 VENKATESAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SANKARAPURAM POLICE STATION, KALLAKURICHI DISTRICT.

CRIME NO.188 OF 2022.

For Petitioner : M/S.V.PAARTHIBAN 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 and 506(2) IPC in Crime No.188 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 there was a dispute between the petitioners and the defacto complainant with regard to sharing of water in the well, due to which the petitioners abused the defacto complainant and assaulted him. Hence, the complaint.

4. The learned counsel for the petitioners submits that there was a property dispute between the petitioners and the defacto complainant and the defacto complainant in the present case assaulted the petitioners and on a complaint given by the 2nd petitioner herein, a case in crime No.189 of 2022 has been registered by the respondent

police. He would also submit that it is a case in counter and the petitioners have been falsely implicated in this case. Hence, he pleads for grant of anticipatory bail to the petitioners.

5. The learned Government Advocate (Crl. Side) submits that the injured has been discharged from the hospital. He further submits that it is a case in counter.

6. Considering the facts and circumstances of the case and in view of the fact that the injured has been discharged from the hospital, 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, Sankarapuram, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 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, SANKARAPURAM, KALLAKURICHI DISTRICT.

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

4 THE INSPECTOR OF POLICE, SANKARAPURAM POLICE STATION, KALLAKURICHI DISTRICT.

+1 CC to M/S.V.PAARTHIBAN Advocate on payment of necessary charges SR.NO.6763 CRL OP.10680/2022 Date :05/05/2022 TA-11/05/2022