Petitioners sought anticipatory bail in a criminal case involving criminal intimidation and culpable hurt. The High Court granted bail, considering the injured was discharged, subject to strict reporting and other conditions.
Anticipatory bail granted subject to execution of bond, daily police reporting, and other standard conditions.
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.
CRL OP(MD). No.8232 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction ) Date : 24/06/2021
PRESENT
The Hon`ble Mr.Justice G.CHANDRASEKHARAN
CRL OP(MD). No.8232 of 2021
The State represented by its The Inspector of Police, Nainarkoil Police Station, Ramanathapuram District. (Crime No.157/2021).
... Respondent/Complainant
For Petitioners : Mr.M.S.Jeyakarthik, Advocate.
For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :- For Anticipatory Bail in Crime No.157 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :-
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324 and 506(ii) of IPC in Crime No.157 of 2021, seek anticipatory bail.
2.The case of the prosecution is that on 15.06.2021, at about 08.50 p.m., when the defacto complainant was near Voorani, the accused came, attacked with sickle and criminally intimidated him, due to which, he suffered injuries. Therefore, this case came to be registered.
3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.
4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed. However, he submitted that the https://hcservices.ecourts.gov.in/hcservices/ injured had been discharged from the hospital.
1/3
CRL OP(MD). No.8232 of 2021
5.Considering the facts and circumstances of the case and the fact that the injured had 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 Judicial Magistrate, Paramakudi, 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 conditions that:
[a] 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;
[b] the petitioners shall report before respondent police daily at 10.30 am., until further orders;
[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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/-
24/06/2021
/ TRUE COPY / / /2021
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
2/3
CRL OP(MD). No.8232 of 2021
TO
+1 CC to Mr.M.S.JEYAKARTHIK, Advocate (SR-4151[I] dated 25/06/2021 )
ORDER IN CRL OP(MD) No.8232 of 2021 Date :24/06/2021 SM AE/VR/SAR-II/29.06.2021/3P/6C
3/3
2 issues framed by the court
Whether anticipatory bail is maintainable under Section 438 Cr.P.C before investigation completion.
Whether the petitioners are eligible for anticipatory bail given the discharge of the injured.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶27
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
3 provisions across 2 enactments
Rakuvaran
Aatheswaran
The State
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
