Balachandar v. The Inspector Of Police
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.10664 of 2022 1 BALACHANDAR [ PETITIONERS/ ACCUSED ] 2 B.CHANDRU Vs STATE BY THE INSPECTOR OF POLICE [ RESPONDENT ] VELUR POLICE STATION, PARAMATHI (TK), NAMAKKAL DISTRICT.
(CR.NO.146 OF 2022) For Petitioner : M/S.L.P.SHANMUGASUNDARAM 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 & 506(ii) of IPC in Crime No.146 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 29.04.2022 at about 1.00 a.m, the petitioners are alleged to have parked their vehicle in front of the defacto complainant's house and caused disturbance to him. When the same was questioned by the defacto complainant, the petitioners abused in filthy language and attacked him. 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. He further seeks permission of this Court to withdraw the
petition in respect of the second petitioner and he has also made an endorsement to that effect. However, he prays to grant anticipatory bail to the first petitioner.
5. The learned Government Advocate (Crl.side) submitted that injured person has been discharged from the hospital. However, there are two previous cases pending against the second petitioner.
6. It is seen from the submissions made by the learned counsel appearing for the parties that, there was a dispute in connection with parking the car in front of the defacto complainant's house, due to that dispute, the petitioners said to have attacked the defacto complainant.
7. Considering the facts and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the first petitioner. However, in view of the above submission and endorsement made by the learned counsel for the petitioners, this Court grants permission to withdraw the petition in respect of the second petitioner. Hence, this petition is partly allowed granting anticipatory bail to the first petitioner and in respect of the 2nd petitioner, the petition is dismissed as withdrawn.
8. Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Parmathi on condition that the first petitioner shall execute a bond for a sum of Rs.25,000/- (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 first petitioner 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 first petitioner shall not tamper with evidence or witness either during investigation or trial; (c)the first petitioner shall report before the Respondent Police daily at 10.30.a.m., until further orders; (d)the first petitioner 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 petitioner in accordance with law as if the conditions has been imposed and the petitionerm 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, PARAMATHI, NAMAKKAL.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE INSPECTOR OF POLICE VELUR POLICE STATION, PARAMATHI TALUK, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.L.P.SHANMUGASUNDARAM Advocate on payment of necessary charges CRL OP.10664/2022 Date :05/05/2022 CSK 13/05/2022