Jayakumar Bharadwaj v. Sub Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the First day of July Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.15107 of 2022 1 JAYAKUMAR BHARADWAJ [ PETITIONERS / ACCUSED ] 2 GUNA SUNDARI Vs STATE REP. BY THE SUB INSPECTOR OF POLICE [ RESPONDENT ] ST.THOMAS MOUNT POLICE STATION, CHENNAI-600 016 CRIME NO.121 OF 2022.
For Petitioners : M/S. G.RAVIKUMAR 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 under Sections 427 and 506(1) of IPC, in Crime No.121 of 2022 seeks anticipatory bail.
2. The case of the prosecution is that, due to property dispute, the petitioners encroached into the defacto complainant's house and threatened the defacto complainant and it is also alleged that the petitioners damaged the gate and also attacked the watchman. Hence, a complaint was lodged by the defacto complainant.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they are no way connected with the alleged offence. He further submits that a counter complaint was lodged by the petitioners against the defacto complainant. Hence, he prays to grant anticipatory bail to the petitioners.
4. The learned Additional Public Prosecutor would submit that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioners.
5. Considering the above fact and circumstances of the case, 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 No.1, Alandur on condition that the petitioners shall execute 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 shall report before the respondent police 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 01/07/2022 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, ALANDUR 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE ST.THOMAS MOUNT POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. G.RAVIKUMAR Advocate on payment of necessary charges SR.NO.10472 CRL OP.15107/2022 Date :01/07/2022 JPA 06/07/2022