S.Murugasamy v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Seventh day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.16328 of 2021 S.MURUGASAMY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DHARAPURAM POLICE STATION, TIRUPUR DISTRICT.
(CRIME NO. 334 OF 2019) For Petitioner : M/S. V.REGUNATHAN Advocate For Respondent : M/S. 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 under Sections 294(b), 324 and 506(ii) of IPC in Cr.No.334 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and the defacto complainant are brothers and due to family dispute, they had wordy quarrel. The petitioner and the defacto complainant have attacked each other. Hence, the defacto complainant lodged a complaint against the petitioner. Hence, the Law Enforcing Agency registered a case against the petitioner.
3.The learned counsel appearing for the petitioner submit that the petitioner has not committed any offence as alleged by the prosecution and the defacto complainant had not sustained any injury. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl side) submits that no injuries on both sides.
5. Considering the fact that only wordy quarrel had happened and no injuries to the defacto complainant 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Dharapuram, 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 s 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/- 07/09/2021 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, DHARAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, DHARAPURAM POLICE STATION, TIRUPUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. V.REGUNATHAN Advocate on payment of necessary charges SR.No.9665 CRL OP.16328/2021 Date :07/09/2021 APN 21/09/2021