Allowed

Babu v. the State Rep by

Madras HC7 Jan 2022CRL OP/326/2022

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a case involvingIPC offences for assault and quarrelling. The court conditioned the bail on the petitioner's deposit of Rs. 10,000 and his agreement to comply with specific undertakings including reporting to police and not tampering with evidence.

What did the court decide?

Petitioner released on bail with a deposit of Rs. 10,000, bond execution, reporting to police, and undertakings against absconding and tampering.

Babu Vs the State Rep by — Anticipatory Bail | Madras HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED: 07.01.2022

¶3

CORAM:

¶4

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

¶5

Crl.O.P.No.326 of 2022

¶6

Babu

¶7

Vs.

¶8

State Rep.by Inspector of Police Kundadam Police Station, Tiruppur District. Crime No.816 of 2021 ...Respondent

¶9

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to grant anticipatory bail to the petitioner in the event of his arrest in Crime No.816 of 2021 on the file of the respondent Police.

¶10

For Petitioner : Mr.N.Ponraj

¶11

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

¶12

ORDER

¶13

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 294(b), 324 and 506(ii) of IPC in Crime No.816 of 2021, on the file of the respondent police, seeks anticipatory bail.

¶14

2.The case of the prosecution is that the defacto complainant and the petitioner are neighbours. While so, the the defacto complainant's aunty was searching a bridegroom for the petitioner and when the character of the petitioner was enquired by her aunty with the defacto complainant, he informed his aunty as if the petitioner is a sleazy man. It is further alleged that on knowing the same, on 26.12.2021, the petitioner called the brother of the defacto complainant over phone asked him to come to bus stop and when the defacto complainant also went along with his brother, following which, the petitioner started quarreling and stabbed the defacto complainant with a knife on the backside of his hip and threatened

¶15

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

¶16

with dire consequences, thereby, the defacto complainant had sustained injuries. Hence, the complaint.

¶17

3.The learned counsel appearing for the petitioner submits that the petitioner has not been committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions, he submits that the petitioner without prejudice to his rights,on his own volition, is ready to deposit a sum Rs.10,000/- to the credit of Crime No.816 of 2021. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

¶18

4.The learned Government Advocate (Crl.Side) submits that the injured had sustained hip injuries and 3 stitches were done and discharged from the hospital and till he continues his treatment

¶19

Considering the fact that the injured has discharged from the hospital and also the fact that the petitioner is ready to deposit a sum of Rs.10,000/- to the credit of Crime No.816 of 2021, this Court is inclined to grant anticipatory bail to the petitioner.

¶20

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Dharapuram on condition that the petitioners shall execute separate bonds 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:

¶21

[a] the petitioner is directed to deposit a sum of Rs.10,000/(Rupees Ten Thousand only) to the credit of Crime No.816 of 2021 before the concerned Magistrate within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and on such deposit, the defacto complainant is permitted to withdraw the said deposit amount of Rs.10,000/- on proper identification and acknowledgment;

¶22

[b] 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;

¶23

[c] the petitioner shall report before the respondent police on Wednesday at 10.30a.m for a period of four weeks and thereafter as and when required for an interrogation;

¶24

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

¶25

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

¶26

[e] the petitioner shall not abscond either during investigation or trial;

¶27

[f] 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 has been imposed and the petitioner is 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;

¶28

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

¶29

-sd/-

¶30

07/01/2022

¶31

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

¶32

TRUE COPY

¶33

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

¶34

¶35

1 THE JUDICIAL MAGISTRATE, DHARAPURAM.

¶36

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR DISTRICT [FOR INFORMATION]

¶37

3 THE INSPECTOR OF POLICE, KUNDADAM POLICE STATION, TIRUPPUR DISTRICT.

¶38

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

¶39

+1CC to M/S.N.PONRAJ Advocate on payment of necessary charges SR.No.384

CRL OP.326/2022

Date :07/01/2022

CSK 19/01/2022

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

Babu v. the State Rep by

Case brief

What is this about?

What did the court decide?

Babu v. the 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

Sridhar Vs the State Rep by

M.Iyappan Vs the State Rep by

P.Gopi Vs State Rep by

R.Saravanan @ Ragu Vs State Rep by

S.Pushparaja Vs the State Rep by

Prashanth Vs the Inspector of Police