Allowed

Pushpa v. Inspector of Police

Madras HC21 Sept 2023CRL OP/21613/2023

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail to the petitioner, who was apprehended for assault and grievous hurt arising from a dispute. The court, noting the petitioner is an innocent and the injured party has discharged, imposes strict conditions including daily police reporting and surrender of bond.

What did the court decide?

The petitioner is ordered to be released on anticipatory bail subject to execution of a bond with two sureties and compliance with specific reporting conditions.

Pushpa Vs Inspector of Police — Anticipatory Bail | Madras HC (2023)

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Crl.O.P.No.21613 of 2023

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Crl.O.P.No.21613 of 2023

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RMT.TEEKAA RAMAN, J.

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The petitioner/A4, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 323, 324, 506(ii) and 307 of IPC, in Crime No.94 of 2023 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that on 23.07.2023, the defacto complainant's cow and calf has grazed the standing crops of the petitioner herein, that was questioned by the petitioner which turned into the present altercation since both are having previous enmity in running a road side shop. The petitioner herein along with other accused attacked with deadly weapons and the de-facto complainant and his family members sustained injuries. Hence the case.

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The learned Counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

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The learned Government Advocate (Criminal Side) for the respondent would submit that due to previous enmity between the

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21613 of 2023

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petitioner and the de-facto complainant, the petitioner assaulted the defacto complainant and sustained injury and the injured has been discharged from the hospital. However, he opposed for grant of anticipatory bail to the petitioner.

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Heard both sides and perused the materials available on record including the FIR.

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Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side and also of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

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Accordingly, the petitioner is ordered to be released on bail

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in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sholingur, Ranipet District on condition

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that the petitioner shall execute a separate 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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21613 of 2023

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further condition that:

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[a] the petitioner 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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[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., until further orders;

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[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[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].

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

21.09.2023

nvi

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.21613 of 2023

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RMT.TEEKAA RAMAN, J. nvi

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Crl.O.P.No.21613 of 2023

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21.09.2023

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https://www.mhc.tn.gov.in/judis

Pushpa v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Pushpa v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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