Radhakrishnan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Ninth day of November Two Thousand Twenty One PRESENT The Hon`ble Mrs Justice T.V. THAMILSELVI CRIMINAL ORIGINAL PETITION No.20930 of 2021 1 RADHAKRISHNAN [ PETITIONERS / ACCUSED ] 2 BALAKRISHNAN Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, KODAVASAL POLICE STATION, THIRUVARUR DISTRICT (CRIME NO.1291/2020) For Petitioner : M/S D.PRABU 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 petitioners, who apprehend arrest for the alleged offence under Sections 294(b), 323 and 506(i) of IPC read with Section 4 of Tamilnadu Prohibition of Harassment of Women Act in Cr.No.1291 of 2020 on the file of the respondent police, seek anticipatory bail. 2.
The case of the prosecution is that the petitioners are brothers and there was civil dispute between the petitioners and the defacto complainant's family for which there arose wordy quarrel between them in which the petitioners assaulted the defaco complainant. Hence, the defacto complainant sustained injuries. Thereby, the law enforcing agency registered a case against the petitioners.
3.The learned counsel appearing for the petitioners submit that the petitioners have not been committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the defacto complainant had sustained only simple injuries and that the other accused persons A-1 and A-4 were arrested and released on bail. Hence, the learned counsel prays to grant anticipatory bail to the petitioners.
4.The learned Government Advocate submits that injured person has been discharged from the hospital and there is no previous case pending against the petitioners.
5. Considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
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 Additional Mahila Court Magistrate Level, Thiruvarur, on condition that the petitioners 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)the petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of four 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/- 09/11/2021 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 ADDITIONAL MAHILA COURT MAGISTRATE LEVEL, THIRUVARUR 2 INSPECTOR OF POLICE, KODAVASAL POLICE STATION, THIRUVARUR DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S D.PRABU Advocate on payment of necessary charges Sr.12528 CRL OP.20930/2021 Date :09/11/2021 RVR 15/11/2021