P.Prakash v. The Inspector Of Police

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.12788 of 2022 P.PRAKASH [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] GUDUVANCHERI POLICE STATION, CHENGALPATTU DISTRICT, CRIME NO.173 OF 2022 For Petitioner : M/S. G.PUNNIAKOTI Advocate For Respondent : MR.A.GOKULAKRISHNAN, Additional public Prosecutor Assistant by M/S.J.R.ARCHANA, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable u/s.294(b), 323, 324, 506(ii) IPC in Crime No.173 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein is A3. The case of the prosecution is that due to some land dispute, the petitioner along with other accused had attacked the defacto complainant and his father, due to which, the defacto complainant and his father sustained injury. Hence the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this offence. Accordingly, he prays for grant of anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that due to land dispute between the petitioner and the defacto complainant, the petitioner along with other accused had attacked the defacto complainant and his father, due to which, the defacto complainant sustained simple injury and his father sustained head injury and had three sutures on his head. However, he would further submit that the injured has been discharged. 5.Taking into consideration of the fact and circumstances of the case, nature of offence and the fact that the injured has been discharged, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.1, Chengalpattu. on condition that the 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 learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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

[d]the 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 have been imposed and the petitioner 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.

-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 JUDICIAL MAGISTRATE, NO.I, CHENGALPET 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE INSPECTOR OF POLICE GUDUVANCHERI POLICE STATION, CHENGALPATTU DISTRICT, 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. G.PUNNIAKOTI Advocate on payment of necessary charges SR.NO.8253 CRL OP.12788/2022 Date :01/06/2022 JPA 03/06/2022