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Madras High CourtCRL OP/15570/2021granted

Jagadeesan v. State By

2021-08-31Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Thirty First day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15570 of 2021 JAGADEESAN [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, POONAMALLEE POLICE STATION, POONAMALLEE, THRIUVALLUR DISTRICT.

(CRIME NO.1274/2021) For Petitioner : M/S.A.P.SATHIYA MURTHY 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 petitioner, who apprehends arrest for the alleged offence punishable under (*) Sections 294(b), 323, and 506(ii) and 324 of IPC in Crime No.1274 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a matrimonial dispute between the petitioner and his wife and a Divorce Petition in HMOP No.380 of 2020 is pending before the competent court and the petitioner went to court to attend the case. at that time, the petitioner wants to see his daughter in the court and the same was prevented by the defacto complainant/Advocate and there was wordy altercation between them and abused him with filthy language and threatened him with dire consequences.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that there was a case in counter and the same is pending. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that there was a case in counter and the same is pending and further submits that no one sustained injury.

5.Considering the fact that no one sustained injury and the submissions made by both counsel, this court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest, or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Ponnamalle on condition that 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 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 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/- 31/08/2021 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.

(*) Amended and time granted by this court in the order passed in Crl.OP.No.15570/2021 dated 31.08.2021 is extened by a period of two weeks from the date of receipt of a copy of this order as per order of this court made in Crl.MP.Nos.10833,10834/2021 dated 26.10.2021 TO 1 THE JUDICIAL MAGISTRATE NO.II, PONNAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, POONAMALLEE POLICE STATION, POONAMALLEE, THRIUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.A.P.SATHIYA MURTHY Advocate on payment of necessary charges SR.NO.9472 CRL OP.15570/2021 Date :31/08/2021 CSK 21/09/2021 APN 12/11/2021