S.A.Krishnasamy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Tenth day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.13988 of 2021 S.A.KRISHNASAMY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, S-6, SANKAR NAGAR POLICE STATION, PAMMAL, CHENNAI-600 075.

(CR.NO.NOT KNOWN OF 2021) For Petitioner : M/S.B.VIJAY Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b) 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 some property dispute between the petitioner and the defacto complainant. While so when the defacto complainant appeared before the respondent police for an enquiry the petitioner abused him and threatened him with dire consequences. Hence, the complaint.

3.The learned counsel appearing for the petitioner submit that the petitioner have not been committed any offence as alleged by the prosecution. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that due to wordy quarrel between the parties, the occurrence had taken place there was no injuries to the defacto complainant. However, he vehemently opposed for grant of anticipatory bail to the petitioner.

5.Considering the fact that due to wordy quarrel between the parties, the occurrence had taken place and there was no injuries to the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner 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, Tambaram Chennai on condition that the petitioner 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner 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 petitioner shall not tamper with 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 10/08/2021 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, TAMBARAM,CHENNAI.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, S-6, SANKAR NAGAR POLICE STATION, PAMMAL, CHENNAI-600 075 .

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S.B.VIJAY Advocate on payment of necessary charges SR.NO.8310 CRL OP.13988/2021 Date :10/08/2021 CSK 24/08/2021