Allowed

Srinath v. the Inspector of Police

Madras HC9 Jan 2023CRL OP/382/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in Crl.O.P.No.382 of 2023. The court imposed conditions including a monetary deposit, execution of a bond with sureties, periodic appearances for interrogation, and prohibitions on tampering with evidence or witnesses.

What did the court decide?

Petitioner granted anticipatory bail upon depositing Rs. 5,000, executing a bond with sureties, and complying with specified conditions.

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

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Crl.O.P.No.382 of 2023

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Crl.O.P.No.382 of 2023

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T.V.THAMILSELVI, J.

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The petitioner, who apprehend arrest at the hands of the

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respondent police for the offences punishable under Section 147, 148, 294(b), 341, 323, 307 and 506(ii) of IPC in Crime No.869 of 2022, seek anticipatory bail.

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The case of the prosecution is that the defacto complainant

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was going near his Village ground, at that time, the petitioner along with other accused where creating nuisance at that place. Therefore, the defacto complainant questioned the petitioner. Due to which, the petitioner attacked the defacto complainant and threatened him with dire consequences. The defacto complainant sustained injuries on heads and hands. Hence, the complaint.

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3.The learned counsel appearing for the petitioner would

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submit that the petitioner is an innocent person and he is no way connected with the alleged offence. Therefore, he prays to grant

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

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Crl.O.P.No.382 of 2023

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anticipatory bail to the petitioner.

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The learned Government Advocate (Crl.Side) would submit

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that totally there are ten accused, the petitioner is arrayed as A4. The victim sustained grevious injuries on head and hand and he suffered five stitches on her head. Hence, he vehemently opposed for grant of anticipatory bail to the petitioner.

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Taking into consideration the facts and the submissions and

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that the petitioner is ready and willing to deposit some amount to the credit of Cr.No.869 of 2022, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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Accordingly, the petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No. 869 of 2022 within a period of three weeks from the date on which

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the order copy made ready , and on such deposit the petitioner is

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

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Crl.O.P.No.382 of 2023

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ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate-II, Ponneri , 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, failing which, the petition for anticipatory bail shall stand dismissed and on 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 deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of Crime No.869 of 2022 within a period of three weeks from the date on which the order copy made ready.

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[c] the final order in respect of the said deposit shall be passed by the learned trial Judge at conclusion of trial.

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[d] the petitioner shall appear before the respondent police o every Wednesday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

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

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Crl.O.P.No.382 of 2023

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T.V.THAMILSELVI, J.

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vsn

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

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[f] the petitioner shall not abscond either during investigation or

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trial.

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[g] 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].

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

09.01.2023

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

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Crl.O.P.No.382 of 2023

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Crl.O.P.No.382 of 2023

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

Srinath v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Srinath v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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