Eswari v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the First day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.18337 of 2021 1 ESWARI [ PETITIONERS / ACCUSED ] 2 DHANALAKSHMI Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-8, SATHANKADU POLICE STATION, CHENNAI.
(CR NO.626/2021) For Petitioner : M/S.A.ARUN KUMAR 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 Section 294(b), 323, 324 and 506(ii), of I.P.C, in Crime No.626 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners and the defacto complainant are neighbouring tenants. There is a dispute with regard to the compound gate, which leads to the altercation between them and attacked each other. Thereby the defacto complainant sustained injuries. Hence, the complainant lodged a complain before the Law Enforcing Agency.
3. The learned counsel appearing for the petitioner submits that the petitioners did not commit 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) submits that the injured discharged from the hospital.. However, he opposed for grant of anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case and also considering that the injured person discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioner. 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 at Thiruvottrivur on condition that the petitioners 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 petitioners shall affix his 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/- 01/10/2021 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, THIRUVOTTRIVUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, M-8, SATHANKADU POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.A.ARUN KUMAR Advocate on payment of necessary charges SR.NO.10873 CRL OP.18337/2021 Date :01/10/2021 CSK 12/10/2021