Sankar@Easakki v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL ORIGINAL PETITION No.3760 of 2022 SANKAR @ EASAKKI [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E-5, KOOVATHUR POLICE STATION, KANCHIPURAM DISTRICT.

(CRIME NO. 32 OF 2022) For Petitioner : M/S. A.SARANRAJ Advocate For Respondent : M/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), 506(1) and 387 of IPC in Crime No.32 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that after having a tea in the defacto complainant's hotel without paying money, the petitioner abused the defacto complainant with filthy language and also threatened him with dire consequences. Hence the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offences as alleged by the prosecution. He further submits that the petitioner is the first offender and the false case has been foisted as against the petitioner. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that investigation is pending. However, he fairly submits that the petitioner made a verbal threat and he has no previous case.

5. Submissions made by the learned Counsel on either side are considered.

6. The respondent police registered a case against the petitioner for the offences punishable under Sections 294(b), 506(1) and 387 of IPC. Admittedly, there was a wordy quarrel between the petitioner and the defacto complainant and the petitioner has no bad antecedents.

7. Taking note of all the above said aspects into consideration and having regard to the nature of the offence committed by the petitioner, this Court came to the conclusion that for the completion of investigation, custodial interrogation of the petitioner may not be necessary in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 8.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 learned Judicial Magistrate, Tirukalukundram, on condition that the petitioner shall execute a bond for a sum of Rs.

(b) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of fifteen (15) days and thereafter, as and when required for investigation. (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/- 16/02/2022 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, TIRUKALUKUNDRAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, E-5, KOOVATHUR POLICE STATION, KANCHIPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. A.SARANRAJ Advocate on payment of necessary charges SR.NO.2388 CRL OP.3760/2022 Date :16/02/2022 RW 18/02/2022