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M. V. MURALIDARAN
Chongtham Japson Meetei – Appellant
Versus
State of Manipur – Respondent
JUDGMENT
1. These petitions have been filed by the petitioners, who are father and son, under Section 438 Cr.P.C. seeking to enlarge them on bail in event of their arrest in connection with FIR No.212(12)2020 registered under Section 326/34 IPC on the file of the Imphal Police Station.
2. Both the petitions are taken up together and disposed of by this common order.
3. Heard Mr. Ajoy Pebam, learned counsel for the petitioners and Mr. Y. Ashang, the learned Additional Public Prosecutor for the respondent State.
4. The case of the prosecution is that on 20.12.2020 at 7.30 a.m., while Kangabam Shantikumar Singh was standing in front of his gate, the petitioners and one unknown person wearing helmet along with a dog came with iron rod and other deadly weapon and attacked him by pelting stone and whipping by the rod etc. As a result, Kangabam Shantikumar Singh sustained injury on his left forearm and other parts of the body, including legs while trying to save himself. The wife of the injured rushed to Imphal Police Station and lodged a complaint and upon receipt of the complaint, the Officer-in-Charge of Imphal Police Station registered the case in FIR No.212(12)2020 under Sections 326/34
The main legal point established in the judgment is the need for concrete facts and reasonable apprehension for granting anticipatory bail, and the importance of protecting personal liberty under Art....
Anticipatory bail may be granted even if proceedings under Sections 82 and 83 Cr.P.C. are active, depending on case specifics, despite the usual ineligibility of proclaimed offenders.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
The nature and gravity of the accusation, the antecedents of the accused, the possibility of fleeing from justice, and the impact of grant of anticipatory bail are crucial factors in determining the ....
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