Senthil v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1524 of 2022 1.Senthil

...Petitioners

2.Pratheepan Vs.

The State represented by

...Respondent

The Inspector of Police, Nagapattinam Police Station, Thiruvarur District.

(Crime No.16 of 2022) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on anticipatory Bail in the event of their arrest in Cr.No.16 of 2022 pending investigation on the file of the respondent police.

For Petitioners : Mr.Swami Subramanian For Respondent : Mr. A.Gokulakrishnan Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 304(i) of IPC in Crime No.16 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the deceased entered into the 1st petitioner's house, in order to commit theft, on seeing him petitioners along with others attacked him, due to which, he sustained injuries and he was hospitalized and thereafter he died. Hence, the complaint.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they were no way connected in this case and they have not committed any offences as alleged by the prosecution. Hence, he prays to grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor raised objection stating that when the deceased entered into the 1st petitioners house in order to commit theft , the petitioners along with others attacked him, due to which, he sustained fatal injuries and died.

5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel , this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.I, Nagapattinam, Nagapattinam on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 and on further condition that: [a] the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [b] the petitioners shall report before the respondent police on every Tuesday at 10.30 a.m for a period of four weeks and thereafter as and when required for an interrogation;

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial; [d] the petitioners 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 petitioners in accordance with law as if the conditions has been imposed and the petitioners are 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/- 25/01/2022 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, NAGAPATTINAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NAGAPATTINAM POLICE STATION, THIRUVARUR DISTRICT.

CC to M/S. SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.1524/2022 Date :25/01/2022 TA-08/02/2022