T.Mohankumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twelfth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice SATHI KUMAR SUKUMARA KURUP CRIMINAL ORIGINAL PETITION No.19496 of 2021 T.MOHANKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ERODE TALUK POLICE STATION, ERODE DISTRICT.
CRIME NO.463 OF 2021.
For Petitioner : M/S. C.S.SARAVANAN Advocate For Respondent : M/S.A.GOKULAKRISHNAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323, 506(i) of IPC and Section 4 of Women Harassment Act 2002, in Crime No.463 of 2021, on the file of the respondent police, seeks anticipatory bail.
2.The petitioner is the sole accused. The case of the prosecution is that there was a land dispute between the petitioner and the defacto complainant. While so, on 06.10.2021, the petitioner assaulted the defacto complainant and caused injuries. Hence, the complaint was registered.
3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and a false case has been foisted against the petitioner due to previous enmity. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor submits that the injured person has been discharged from the hospital and there is no previous case pending as against the petitioner. However, he vehemently opposed for grant of anticipatory bail to the petitioner. 5.Considering the fact that the injured person has been discharged from the hospital and there is no previous case pending against the petitioner, 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 Additional Mahila Court, Erode, 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) if the petitioner fail to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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;
(c) the petitioner shall stay at Salem and report before the Inspector of police, Sevaipettai Police Station, Salem, daily at 10.30 a.m., until further orders.
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioner shall not abscond either during investigation or trial;
(f) 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;
(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 12/10/2021 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 ADDITIONAL MAHILA COURT, ERODE.
2 THE CHIEF JUDICIAL MAGISTRATE ERODE DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, ERODE TALUK POLICE STATION, ERODE DISTRICT.
5 THE INSPECTOR OF POLICE, SEVAIPETTAI POLICE STATION, SALEM.
+1 CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges SR.NO.11456 CRL OP.19496/2021 Date :12/10/2021 RW 18/10/2021