Allowed

Jagadees Babu v. Inspector of Police

Madras HC10 Dec 2021CRL OP/23751/2021

Case brief

AI extract

What is this about?

Anticipatory bail was granted to the petitioners apprehending arrest in a criminal case under Sections 294(b), 323, and 506(ii) IPC. The High Court imposed stringent conditions including execution of a bond, deposit of a specific fee into the Advocate Clerk Association, reporting before police, and prohibiting tampering with evidence or absconding.

What did the court decide?

Petitioners released on bail in the event of arrest subject to executing a bond for Rs. 10,000, depositing Rs. 5,000 as registry fee, providing Aadhar/Bank details, reporting to police every Wednesday

Jagadees Babu Vs Inspector of Police — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.12.2021

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CORAM

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THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

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CRL.O.P.No.23751 of 2021

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1.Jagadees Babu 2.Dhandayuthapani

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... Petitioners

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Versus

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State represented by, The Inspector of Police, Muthupetai Police Station, Thiruvarur District. (Crime No.947 of 2021) ... Respondent

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Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of apprehending arrest in the Crime No.947 of 2021 on Inspector of Police, Muthupetai Police Station, Thiruvarur District.

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For Petitioners: Mr.P.Muthamizhselvakumar

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For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

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O R D E R

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The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323 and 506(ii) of IPC in Crime No.947 of 2021, seeks anticipatory bail.

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The case of the prosecution is that on 23.11.2021 the 1st petitioner received the calls from the phone calls from respondent station asked the petitioners to come the station for inquiry, the written complaint lodged by one Veeraiyan stating that on the date of occurrence the petitioners abused the defacto complainant and attacked him brutally at Natchikulam TASMAC shop and the defacto complainant rescued by the peoples and admitted the hospital. Hence the complaint.

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The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.

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

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The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there is some wordy quarrel. However, he vehemently opposed to grant anticipatory bail to the petitioners.

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Considering the facts and circumstances of the case, this

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Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Thiruthuraipoondi, on condition that the petitioners 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[a] the petitioners are directed to deposit a sum of Rs.5,000/(Rupees Five Thousand only) to the credit of the Registered Advocate Clerk Association, Thiruvarur District within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

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[b] the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[c] the petitioners are directed to report before the respondent police on every Wednesday at 10.30 a.m., until further orders;

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[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioners shall not abscond either during investigation or trial.

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[f] 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 anticipatory 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].

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

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[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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-sd/-

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10/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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