S.Kannan v. The State
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.10712 of 2022 1 S.KANNAN [ PETITIONERS / ACCUSED ] 2 K.SHYAMALA Vs THE STATE [ RESPONDENT ] REP. BY ITS THE INSPECTOR OF POLICE, VANUR POLICE STATION, VILLUPURAM DISTRICT CRIME NO.81 OF 2022 For Petitioners : M/S. V.IYYAPPAN 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 and 506(ii) IPC in Crime No.81 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 wordy quarrel between the 1st petitioner and his brother, during which the 1st petitioner assaulted the defacto complainant. Hence, the complaint.
4. The learned counsel for the petitioners submits that the petitioners are innocent persons and there was a family dispute between the petitioners and the defacto complainant, due to which a false complaint has been lodged against the petitioners. 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.
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 District Munsif cum Judicial Magistrate, Vanur, 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VANUR.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VANUR POLICE STATION, VILLUPURAM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. V.IYYAPPAN Advocate on payment of necessary charges SR.NO.6748 CRL OP.10712/2022 Date :05/05/2022 JPA 06/05/2022