Allowed

Saratha @Sarathampal v. Inspector of Police

Madras HC4 May 2023CRL OP/9660/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner accused of assault and attempted murder. The court imposed standard conditions including regular police reporting, execution of bonds with sureties, and prohibitions on tampering with evidence or absconding.

What did the court decide?

Petitioner ordered to be released on bail conditioned to appear within 15 days, execute bonds with two sureties, report weekly for four weeks, and not tamper with evidence or abscond.

Saratha @Sarathampal Vs Inspector of Police — Anticipatory Bail | Madras HC (2023)

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Crl.O.P.No.9660 of 2023

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Crl.O.P.No.9660 of 2023

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S.SOUNTHAR, J.

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The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 and 307 of IPC, in Crime No.143 of 2023, seek anticipatory bail.

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The case of the prosecution is that there was a previous enmity between the petitioner's family members and defacto complainant's sister. On 05.04.2023 at about 1.00 p.m. the defacto complainant's sister and her husband was fixing the pipe line in the land and at that time, the petitioner along with Accused No.1 was abused her in filthy language and assaulted the defacto complainant's sister and her husband with iron rod and they are admitted in the hospital. Hence, the case.

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The learned counsel for the petitioner submitted that the

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Crl.O.P.No.9660 of 2023

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petitioner has nothing to do with the said allegation and she 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 (Crl. Side) appearing for

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the respondent police submitted that due to previous enmity between the defacto complainant and the petitioner, the petitioner attacked the defacto complainant's sister. The injured was admitted in the hospital and now 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

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record.

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Having regard to the facts of the case and the nature of the

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allegation made against the petitioner and also of the fact that the injured has been discharged from the hospital, this Court is inclined to

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grant anticipatory bail to the petitioner with certain conditions.

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Crl.O.P.No.9660 of 2023

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Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Ulundurpet, on condition that the petitioner 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, 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 shall 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 once in a week at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

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Crl.O.P.No.9660 of 2023

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

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

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

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04.05.2023

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rka/rsi

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Crl.O.P.No.9660 of 2023

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S.SOUNTHAR, J., rka/rsi

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Crl.O.P.No.9660 of 2023

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04.05.2023

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Saratha @Sarathampal v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Saratha @Sarathampal v. Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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