Sakthivel v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19863 of 2021 1 SAKTHIVEL [ PETITIONERS / ACCUSED ] 2 KALAIRANI 3 SEETHA 4 SAMYRAJA Vs STATE REP. BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE, NAMAGIRIPET POLICE STATION, NAMAKKAL DISTRICT.

(CRIME NO. 788/2021) For Petitioner : M/S. W.CAMYLES GANDHI Advocate For Respondent : MR. C.E.PRATAP, 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 Sections 294(b), 323, 427 & & 506(ii) of I.P.C in Cr.No.788 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that there was a love affair between the De-facto Complainant's son and the petitioners' daughter which resulted in meeting up of two families for an amicable settlement where a wordy quarrel arose between the De-facto complainant and the petitioners which was turned into physical violence and in that scuffle the De-facto Complainant had suffered injuries. Hence the complaint.

3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence prays for grant of anticipatory bail. He further submitted that there is a case in counter.

4.The learned Additional Public Prosecutor submitted that the investigation is pending in this case and that the De-facto Complainant had suffered simple injuries.

5. Considering the facts and circumstances of the case that the De-facto Complainant suffered only simple injuries, this court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are granted anticipatory bail and they 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 Judicial Magistrate, Rasipuram, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each 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 petitioners failed 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 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 petitioners except A2 shall report before the respondent police daily at 10.30 a.m. until further orders; whereas the Petitioner/A2 shall report before the respondent police as and when required until further orders;

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners 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 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;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 26/10/2021 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, RASIPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE, NAMAKKAL DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, NAMAGIRIPET POLICE STATION, NAMAKKAL DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.11799 CRL OP.19863/2021 Date :26/10/2021 INBA-11/11/2021