The Madras High Court granted anticipatory bail to petitioners in a criminal case involving alleged assault and abuse under IPC sections 294, 323, 324, and 506.
Petitioners ordered to be released on bail in the event of arrest subject to reporting to police, executing bond with sureties, and complying with investigation requirements.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.11033 of 2021
... Petitioners
Vs. State rep by The Inspector of Police, Shoolagiri Police Station, Krishnagiri District. (Crime No.396 of 2021) ... Respondent
PRAYER: Criminal Original petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioners on bail in the event of their arrest in Crime No.396 of 2021 on the file of the respondent police.
For Petitioners : Mr.M.P.Saravanan
For Respondent : Mr.A. Gopinath Government Advocate (Crl.Side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323 324 and 506(ii) of IPC in Crime No.396 of 2021 seeks anticipatory bail.
2.The case of the prosecution is that there was dispute between the petitioners and the defacto complainant with regard to water pipe connection, due to which the petitioners abused and attacked the defacto complainant with sticks. Hence, the defacto complainant sustained injuries. Hence, the defacto complainant has registered a case against the petitioners.
3.The learned counsel appearing for the petitioners submits the petitioners are no way connected with the alleged occurrence 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 petitioners abused and attacked the defacto complainant with sticks, thereby, the defacto complainant sustained injuries. He further submits that the injured has been discharged from the hospital. However, he vehemently opposed for grant of anticipatory bail to the petitioners.
5.Considering the facts and circumstances of the case and the injured were 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 Judicial Magistrate-I, Hosur on condition that each of the petitioners shall execute a separate bond for a sum of Rs.10,000/- each (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 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 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/28/06/2021
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 NO.I,
HOSUR.
2 THE CHIEF JUDICIAL MAGISTRATE
KRISHNAGIRI [FOR INFORMATION]
3 THE INSPECTOR OF POLICE,
SHOOLAGIRI POLICE STATION, KRISHNAGIRI
DISTRICT.
4 THE PUBLIC PROSECUTOR
HIGH COURT, MADRAS.
+1CC to M/S M.P.SARAVANAN Advocate on payment of necessary
charges SR NO.6859
CRL OP.11033/2021
Date :28/06/2021
MK:09/07/2021
3 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in the event of arrest for alleged offences.
What conditions should be imposed for the grant of anticipatory bail given the prosecution case involves physical assault.
Whether discharge of the injured permits the grant of bail despite the nature of the offence.
Colour shows how this judgement treated each authority
P.K. Shaji vs. State of KeralaReferred¶25
P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
3 provisions across 2 enactments
Mr.Narasimman
Mr.Badri@Mahendiran
State rep by The Inspector of Police
M Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M Dhandapani
Parties & counsel
