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Madras High CourtCRL OP/11004/2022granted

A.Mukthyarjan v. The State Rep By

2022-05-11Honourable Mr Justice V.Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.11004 of 2022 1 A.MUKTHYARJAN [ PETITIONERS / ACCUSED ] 2 J.IFRAN SHARIFF Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE K-7, I.C.F. POLICE STATION, CHENNAI DISTRICT CRIME NO.47 OF 2022 For Petitioners : M/S. S.SARAVANAN Advocate For Respondent : MR.S.SUGENDRAN, Additional public Prosecutor 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 offences under sections 294(b), 324, 427 and 506(ii) of IPC in Crime No.47 of 2022, on the file of the respondent police, seek anticipatory bail. 2.

The case of the prosecution is that the petitioners are the daughter and grandson of the defacto complainant and due to property dispute, there was a quarrel between them, as a result of which, the petitioners abused the defacto complainant, assaulted with hands and the second petitioner damaged the A.C. box and window and also criminally intimidated her.

3.The learned counsel appearing for the petitioners submitted that the petitioners had not committed any such offences as alleged by the prosecution and they had been falsely implicated in this case. He further submitted that there is a case in counter and based on the complaint given by both the parties, the respondent police have registered FIR in Crime No.45 & 47 of 2022. Hence, he pleads for anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioners have trespassed into the house of the de-facto complainant and damaged the house hold articles and hence, he opposed for granting anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case, custodial interrogation of the petitioners is not necessary and hence, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Learned V Metropolitan Magistrate, Egmore, on condition that the petitioners shall execute their own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each, 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 shall affix their photograph 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 as and when required for interrogation.

(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/- 11/05/2022 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 METROPOLITAN MAGISTRATE, NO.V, EGMORE, 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, K-7, I.C.F. POLICE STATION, CHENNAI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. S.SARAVANAN Advocate on payment of necessary charges SR.NO.6925 CRL OP.11004/2022 Date :11/05/2022 JPA 13/05/2022