B.Sathis Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRIMINAL ORIGINAL PETITION No.12787 of 2022 1 B.SATHIS KUMAR [ PETITIONERS/ ACCUSED ] 2 S.SARAVANAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOOVATHUR POLICE STATION, CHENGALPATTU DISTRICT.

(CR.NO.167 OF 2022) For Petitioner : M/S.C.R. VIJAYAKUMAR Advocate For Respondent : MR.A.GOKULAKRISHNAN, Additional Public Prosecutor ASSIST BY MS.J.R.ARCHANA,Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable u/s.294(b), 323, 324, 506(ii) IPC in Crime No.167 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioners herein are A2 and A3. The case of the prosecution is that due to family dispute, the petitioners along with other accused had abused the defacto complainant in filthy language and assaulted him with knife on his head. Hence the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. It is a dispute between the family members. He would further submit that the petitioners are only the friends of the main accused and they only attempted to stop the altercation, however they were implicated.

4.The learned Additional Prosecutor appearing for the respondent submitted that it is a case and case in counter. Counter case has also been registered as against the defacto complainant for the same offence. Hence, he would submit that there was a dispute among the family members, due to which the defacto complainant was attacked on his head and sustained injuries. He added that the injured has been discharged from the hospital.

5.Taking into consideration of the fact that it is a family dispute, the injured has been discharged and that it is also a case and case in counter, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif-Cum-Judicial Magistrate, Thirukazhukundram. on condition that the petitioners shall execute a separate 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before the respondent police daily at 10.30 a.m., and 5.30 p.m. until further orders. [c]the petitioners shall not tamper with the evidence or witness either during investigation or trial.

[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 have 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]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

7.Accordingly, this petition is ordered.

-sd/- 01/06/2022 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, THIRUKAZHUKUNDRAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KOOVATHUR POLICE STATION, CHENGALPATTU DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.C.R. VIJAYAKUMAR Advocate on payment of necessary charges SR.No.8255 CRL OP.12787/2022 Date :01/06/2022 CSK 03/06/2022