P.Rajkumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Seventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.2745 of 2022 R.RAJKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUVARUR TOWN POLICE STATION, THRIUVARUR DISTRICT CRIME NO.49 OF 2022 For Petitioner : M/S.P.MUTHAMIZHSELVAKUMAR Advocate For Respondent : MR.S.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), 324 and 506(ii) of IPC, in Crime No.49 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.
The case of the prosecution is that the defacto complainant received a phone call from his friend one Viswa, he called the defacto complainant to the place of occurrence according to the same defacto complainant went to the place and asked his friend at that time the petitioner and his friends were drinking alcohol and attacked his friend. The same was questioned by the defacto complainant suddenly the petitioner and his friends were attacked the defacto complainant with wooden log and threatened him with dire consequences and escaped from the place of occurrence. Hence the complaint.
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 injured person has been discharged from hospital after the treatment. He further submitted that there are two previous cases pending against the petitioner and also submitted that 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 the fact 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Thiruvarur 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 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 10.00 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 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/- 07/02/2022 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, THIRUVARUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, THIRUVARUR TOWN POLICE STATION, THRIUVARUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.2745/2022 Date :07/02/2022 JPA 15/02/2022