Senthil v. The State Of Tamilnadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Eighth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2887 of 2022 SENTHIL [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMILNADU REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, F2, EGMORE POLICE, EGMORE, CHENNAI CRIME.NO. NO.769/2021 For Petitioner : M/S.V.LOGESWAREN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under sections 294(b), 323 and 506(ii) of I.P.C, in Crime No.769 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 20.11.2021, the defacto complainant lodged complaint before the respondent police alleging that the petitioner herein abused and threatened him with dire consequences. Hence the complaint was registered by the Law Enforcing Agency.

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

4.The learned Government Advocate (Criminal Side) appearing for the respondent submits that the injured person has been discharged from the hospital. He further submitted that there is no previous cases pending against the petitioner and also submitted that the investigation almost completed. However, he opposed grant of anticipatory bail to the petitioner.

5. In view of the above submissions made by the learned Counsels appearing for either sides and also considering that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned XIV M.M, Egmore, Chennai, on condition that the petitioners 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 and on further condition that:

(a) the petitioner and the sureties shall affix his 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 petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter as and when required for interrogation.

(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 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; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 08/02/2022 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 XIV METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, F2, EGMORE POLICE, EGMORE, CHENNAI.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

CC to M/S.V.LOGESWAREN Advocate on payment of necessary charges CRL OP.2887/2022 Date :08/02/2022 INBA~14/02/2022