Allowed

Shanmugakrishnan v. the State Rep by Its

Madras HC10 Jan 2023CRL OP/544/2023

Case brief

AI extract

What is this about?

In Crl.O.P.No.544 of 2023, the High Court granted anticipatory bail to the petitioner facing charges of abusive language, assault, and criminal intimidation. Bail is subject to executing a bond with sureties, regular reporting, and restrictions on tampering with evidence or absconding.

What did the court decide?

Anticipatory bail granted subject to execution of bond for Rs.10,000/- with two sureties of like sum, daily reporting for one month, and prohibition on tampering with evidence or absconding.

Shanmugakrishnan Vs the State Rep by Its — Anticipatory Bail | Madras HC (2023)

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Crl.O.P.No.544 of 2023

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Crl.O.P.No.544 of 2023

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T.V.THAMILSELVI, J.

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The petitioner who apprehends arrest for the alleged offence punishable under Sections 294(b), 323 and 506(ii) of IPC in Crime No.142 of 2022, seeks anticipatory bail.

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The case of the prosecution is that due to wordy quarrel the petitioner along with other accused persons abused the defacto complainant using filthy language and assaulted him. He was sustained with simple injury. Hence, the complaint.

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The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submits that the petitioner, without prejudice to his rights, is ready to abide any condition imposed by this Honourable court. Hence, he prays to grant anticipatory bail to the petitioner.

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

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Crl.O.P.No.544 of 2023

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The learned Government Advocate (Criminal Side) submitted that due to wordy quarrel the petitioner along with other accused persons abused the defacto complainant using filthy language and assaulted him. He further submitted that petitioner is having four previous case. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

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Considering the facts and circumstances of the case and also the submissions made by both counsel appearing on either side, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:-

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Learned Judicial Magistrate No.2, Coimbatore 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

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

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Crl.O.P.No.544 of 2023

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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 is directed to report before the respondent police daily at 10.30 a.m., for the period of one month and thereafter as and when required for interrogation.

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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

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

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Crl.O.P.No.544 of 2023

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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 absconds, a fresh FIR can be registered under Section 229A IPC.

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10.01.2023