Sankar @ Shankaraguru v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13802 of 2022 1 SANKAR @ SHANKARAGURU [ PETITIONERS / ACCUSED ] 2 RAMESH 3 SEKAR 4 SANTHI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOTTAKUPPAM POLICE STATION, VILLUPURAM.

CR.NO.170/2022.

For Petitioner : M/S. S.N.SUBRAMANI Advocate For Respondent : MR.A.DAMODARAN, 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 at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC in Crime No. 170 of 2022, seek anticipatory bail.

2. The case of the prosecution is that due to family dispute, there arose a wordy quarrel between the petitioners and the defacto complainant, as a result of which, A1 attacked the defacto complainant with knife, the other accused attacked with wooden thadi and hands and caused injuries to him. Hence, the complaint.

3. The learned counsel for the petitioners would submit that they have not committed any offence as alleged by the prosecution and they are ready and willing to abide by any stringent conditions that may be imposed on them. Therefore, he prays for grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that it is a family dispute. He would also submit that the injured has been discharged from the hospital on 23.05.2022.

5. Considering the above fact and circumstances of the case and also considering the fact that the victim discharged from the hospital on 23.05.2022, this Court is inclined to grant anticipatory bail to the petitioners with 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 days from the date on which the order copy made ready, before the learned Judicial Magistrate, Vanur, on condition that 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 respondent police or the police officer who intends to arrest or 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 Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioners 1 to 3 shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[c] the 4th petitioner shall report before the respondent police as and when required for interrogation. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioners shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 20/06/2022 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, VANUR, VILLUPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KOTTAKUPPAM POLICE STATION, VILLUPURAM.

+1 CC to M/S. S.N.SUBRAMANI Advocate on payment of necessary charges SR.NO.9569 CRL OP.13802/2022 Date :20/06/2022 TA-23/06/2022