Saravanan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of July Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13043 of 2021 1 SARAVANAN [ PETITIONERS / ACCUSED ] 2 MURUGESAN 3 SRINIVASAN.G 4 GOVINDAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MECHERI POLICE STATION, SALEM DISTRICT.
(CR.NO.NOT KNOWN OF 2021) For Petitioner : M/S.M.R.JOTHIMANIAN Advocate For Respondent : MR.A.GOPINATH, 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 alleged offence under Sections 294(b), 323, 447 and 506(ii) of IPC, in Crime No. Not known of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that there was a civil dispute between the petitioners and the defacto complainant, as a result of which, there was a wordy quarrel, the petitioners had trespassed into the defacto complainant land and attacked the defacto complainant and caused injuries. Hence, the complaint was registered. 3.The learned counsel appearing for the petitioners submit that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl.Side) would submit that the injured person was treated as an out-patient in the hospital and there is no previous case pending against the petitioners. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case, and the injured person was treated as an out-patient in the hospital and there is no previous case pending against the petitioners, 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 Judicial Magistrate No.II, Mettur, Salem District, on condition that each of the petitioner shall execute a 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioners 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 petitioners shall not tamper with 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 29/07/2021 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.II, METTUR.
2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MECHERI POLICE STATION, SALEM DISTRICT .
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.M.R.JOTHIMANIAN Advocate on payment of necessary charges SR.No.7873 CRL OP.13043/2021 Date :29/07/2021 CSK 10/08/2021