Sankara v. The State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20801 of 2021 SANKARA [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THAALAVADI POLICE STATION, ERODE DISTRICT.

CR.NO. 172/2021 For Petitioner : M/S.N.CHINNARAJ Advocate For Respondent : MR. N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 324 & 506(ii) of I.P.C in Cr.No.172 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that there was a land dispute between the De-facto Complainant's wife and the petitioner's father due to which a wordy quarrel arose between them in which the petitioner attacked the De-facto Complainant as a result of which the De-facto Complainant suffered injuries.

Hence the De-facto Complainant lodged a complaint against the petitioner, based on which the law enforcing agency registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner has 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.

4.The learned Government Advocate (Crl.Side) submitted that investigation is pending in this case and that the injured has been discharged from the hospital.

5. Considering the facts and circumstances of the case and further the injured has been discharged from the hospital, this court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is granted anticipatory bail and he 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 Judicial Magistrate, Sathyamangalam, 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 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 petitioner shall report before the respondent police daily at 10.30 a.m.

(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 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/- 02/11/2021 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, SATHYAMANGALAM.

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

3 THE INSPECTOR OF POLICE, THAALAVADI POLICE STATION, ERODE DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

+1 CC to M/S.N.CHINNARAJ Advocate on payment of necessary charges SR.NO.12369 CRL OP.20801/2021 Date :02/11/2021 INBA-15/11/2021