Kovalan v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2323 of 2022 1.Kovalan 2.Kamalanathan
...Petitioners
Vs.
The State Represented by The Inspector of Police, Palur Police Station, Kancheepuram District.
(Crime No.15 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 his arrest by the respondent police concerned in crime No.15 of 2021, on the file of the respondent Police.
For Petitioners : Mr.J.Franklin For Respondent : Mr.N.S.Sugunthan Government Advocate (Crl.side)
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under sections 147, 148, 341, 294(b), 323, 307 and 506(ii) of IPC, in Crime No.15 of 2022 seek anticipatory bail.
2. The case of the prosecution is that there was a quarrel between the petitioners and the defacto complainant and it is alleged that the petitioners assaulted the defacto complainant. Hence, the complaint.
3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.side) would submit that the petitioners attacked the defacto complainant and the injured discharged from the hospital. Hence he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also the submissions made by both counsel and the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are 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 lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.I, Chengalpattu, 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 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 Thursday 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 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/- 02/02/2022 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 JUDICIAL MAGISTRATE, NO.I, CHENGALPATTU 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 INSPECTOR OF POLICE, PALUR POLICE STATION, KANCHEEPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. J.FRANKLIN Advocate on payment of necessary charges Sr.1693 CRL OP.2323/2022 Date :02/02/2022 RVR 09/02/2022