Sunil Kumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.78 of 2022 SUNIL KUMAR ... Petitioner
Versus
The State Rep. by THE INSPECTOR OF POLICE, J-11, Kannagi Nagar Police Station, Chennai.
(Crime No.1253 of 2021) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on bail in the event of his arrest in the Crime No.1253 of 2021 pending on the file of the respondent police.
For Petitioner :
Mr.K.Mariyappan For Respondent :
Mr.N.S.Suganthan Government Advocate (Crl. Side) *****
O R D E R
(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 341, 294(b), 323, 324, 336, 448 and 506(ii) of IPC in Crime No.1253 of 2021, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner's friends have previous enmity with the defacto complainant and that on 07.12.2021, at about 20.30 hrs the petitioner along with his friends went to the defacto complainant's house and assaulted him with knife and also threatened him with dire consequences and as a result of which, the defacto complainant sustained simple injuries. Hence this case.
3. The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, the learned counsel prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) appearing for the respondent submitted that there are totally seven accused in this case and the petitioner is A4. He would further submit that A1 to A3 were arrested and other accused were absconded and that the injured has been discharged from the hospital. He further submitted that there is no previous case pending against the petitioner. However, the learned counsel vehemently opposed to grant anticipatory bail to the petitioner.
5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. Accordingly, the petitioner is directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lock down or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate -II, Alandur, 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: [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;
[b] the petitioner is directed to report before the respondent police on every Monday and Saturday at 10.30 a.m., until further orders;
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial;
[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 petitioner released on anticipatory 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7.With the above directions, the Criminal Original Petition is ordered accordingly.
-sd/- 10/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.II, ALANDUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, J-11, KANNAGI NAGAR POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. K.MARIYAPPAN Advocate on payment of necessary charges SR.NO.573 CRL OP.78/2022 Date :10/01/2022 RW 20/01/2022