G.Balakrishnan v. The 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.13054 of 2022 1 G.BALAKRISHNAN [ PETITIONERS / ACCUSED ] 2 B.SAVITHRI Vs THE STATE REP BY [ RESPONDENT ] SUB-INSPECTOR OF POLICE, CHUNAMBEDU POLICE STATION, CHENGALPATTU DISTRICT - 603 401.

(CRIME NO.220 OF 2022) For Petitioner : M/S.J.AGNI SELVARAJU Advocate For Respondent : MR. N.MUTHUVEL, 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 at the hands of the respondent police for the offences punishable under Sections 294(b), 323 & 506(i) of I.P.C r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.219 of 2022, seek anticipatory bail.

2. The case of the prosecution is that it is a civil dispute between the defacto complainant and the petitioners where the petitioners herein are alleged to have assaulted and abused the defacto complainant in filthy language.

3. The learned Counsel for the petitioners submitted that the petitioners are innocent and they are no way connected with the alleged occurrence. Hence, he prays for granting of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.side) appearing for the respondent submitted that it is a case in counter, due to a civil dispute where the petitioners herein are alleged to have assaulted and abused the defacto complainant. However, he opposed to grant anticipatory bail to the petitioners.

5. Considering the facts and circumstances of the case and the civil nature of dispute between the parties, this Court is inclined to grant anticipatory bail to the petitioners subject to certain conditions;

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 (15) days from the date on which the order copy is made ready, before the learned District Munsif- Cum - Judicial Magistrate Court, Cheyyur, Chengalpattu District on condition that the each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees Ten 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 respondent police as and when required.

[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 s 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.With the above directions,this Criminal Original 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 COURT, CHEYYUR, CHENGALPATTU 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 SUB-INSPECTOR OF POLICE, CHUNAMBEDU POLICE STATION, CHENGALPATTU DISTRICT - 603 401.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.AGNI SELVARAJU Advocate on payment of necessary charges Sr.8470 CRL OP.13054/2022 Date :01/06/2022 RVR 06/06/2022