Senthil @ Senthilkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.697 of 2022 Senthil @ Senthilkumar

...Petitioner/A1

Versus

The State Represented by;

The Inspector of Police, Perambalur Police Station, Perambalur District.

(Cr.No. 1528 of 2021) ...Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest concerned in Crime No.1528 of 2021 on the file of the Inspector of Police, Perambalur Police Station, Perambalur District. For Petitioner : Mr.P.Chandrasekar For Respondent : Mr.A. Gokulakrishnan Additional Public Prosecutor ----

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 324, 307 IPC, in Crime No. 1528 of 2021 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that there was some wordy quarrel between the petitioner and the de-facto complainant at the TASMAC shop. Hence the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that there was some wordy quarrel between the petitioner and the defacto complainant at the TASMAC shop. He opposed for grant of anticipatory bail to the petitioner.

5. Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is directed to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the Registered Advocate Clerks' Association, Perambalur District, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on his appearance before the learned Judicial Magistrate-I, Perambalur District and on his executing 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 learned Magistrate concerned and the petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, 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 shall report before the respondent police on every Wednesday 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 is 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]; and;

[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 12/01/2022 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.I, PERAMBALUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE REGISTERED ADVOCATE CLERKS ASSOCIATION, PERAMBALUR DISTRICT.

CC to M/S.P.CHANDRASEKAR Advocate on payment of necessary charges CRL OP.697/2022 Date :12/01/2022 RW 28/01/2022