Allowed

Ketha Chalapathi Babu v. State Rep by

Madras HC2 Jul 2021CRL OP/11357/2021

Case brief

AI extract

What is this about?

The petitioner sought anticipatory bail in the event of arrest for alleged offences under the I.P.C. arising from a civil dispute. Considering that there was no injury alleged, the High Court granted bail.

What did the court decide?

Petitioner ordered to be released on bail in the event of arrest subject to conditions including executing a bond, reporting to police, and not tampering with evidence.

Ketha Chalapathi Babu Vs State Rep by — Anticipatory Bail | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 02.07.2021

¶3

CORAM

¶4

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

¶5

Crl.O.P.No.11357 of 2021

¶6

Ketha Chalapathi Babu ... Petitioner
Vs.
State rep. by ... Respondent
The Inspector of Police,
Mambalam Police Station,
Chennai District.
Crime No.192 of 2019.
Prayer:
Petition filed under Section 438 of Cr.P.C., seeking to enlarge
the petitioner on bail in the event of his arrest by the respondent
police in Crime No.192 of 2019 on the file of the respondent police.
For Petitioner : Mr.D.Bennington
For Respondent : Mr.A.Gopinath
Government Advocate (Crl. Side)
ORDER

¶7

The petitioner who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 447, 323 and 506(ii) of I.P.C. in Cr.No.192 of 2019 on the file of the respondent police, seeks anticipatory bail.

¶8

2.The case of the prosecution is that due to civil dispute, the petitioner is alleged to have attacked the defacto complainant.

¶9

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution.

¶10

4.The learned Government Advocate (Criminal Side) submitted that there is no injury.

¶11

5.Considering the fact that there is no injury, this Court is inclined to grant anticipatory bail to the petitioner.

¶12

https://hcservices.ecourts.gov.in/hcservices/

¶13

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 XVII Metropolitan Magistrate, Saidapet, Chennai, 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:

¶14

(a)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;

¶15

(b)the petitioner 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;

¶16

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

¶17

(d)the petitioner shall not abscond either during investigation or trial;

¶18

(e)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;

¶19

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

¶20

-sd/-

¶21

02/07/2021

¶22

This order, on being produced, be punctually observed and carried into execution by all concerned

¶23

TRUE COPY

¶24

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

¶25

¶26

1 THE METROPOLITAN MAGISTRATE, NO.XVII, SAIDAPET, CHENNAI.

¶27

2 THE CHIEF METROPOLITAN MAGISTRATE,

¶28

EGMORE, CHENNAI. [FOR INFORMATION] https://hcservices.ecourts.gov.in/hcservices/

¶29

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

¶30

4 THE INSPECTOR OF POLICE, MAMBALAM POLICE STATION, CHENNAI DISTRICT.

¶31

+1 CC to M/S D.BENNINGTON Advocate on payment of necessary charges SR.NO.7084

¶32

Date :02/07/2021 TA-12/07/2021

¶33

https://hcservices.ecourts.gov.in/hcservices/

Ketha Chalapathi Babu v. State Rep by

Case brief

What is this about?

What did the court decide?

Ketha Chalapathi Babu v. State Rep by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Babu Vs State Rep by

R.Balasubrmanian, 51 Years Vs S.N.Palanisamy

K.Manoharan, Vs State Rep. by

R.Ponmani Vs Mohan

Kumar Vs State by

Shri Anil Kumar Ojha, Vs the Assistant Commissioner of