V.Loganathan v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17..02..2021 CORAM :
THE HON'BLE MR. JUSTICE V. BHARATHIDASAN Crl.O.P.No.2993 of 2021 V.Loganathan ... Petitioner Vs.
The State Rep. by ... Respondent The Inspector of Police, M-1, Madavaram Police Station, Tiruvallulr.
(Crime No.32 of 2021) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest in Crime No.32 of 2021 pending investigation on the file of the respondent.
For Petitioner : Mr.A.Manojkumar For Respondent : Mr.S.Karthikeyan Addl. Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner, who apprehends arrest in connection with the case in Crime No.32 of 2021 on the file of the respondent police for the alleged offences punishable under Sections 294 and 326 of IPC, is before this court seeking anticipatory bail.
2. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor and also perused the records carefully.
3. It is stated that petitioner and the de facto complaint are belonged to a same political party. According to the Additional Public Prosecutor, the petitioner assaulted the de facto complainant followed by an intra political dispute with the de facto complaint which resulted in the fracture of nasal bone. The learned Additional Public Prosecutor, would, however, submit that the injured has been discharged from the hospital.
4. Considering the fact that there was already a dispute between the petitioner and the de facto complainant and on considering
the fact that the injured has been discharged from the hospital and all other facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner subject to the following conditions :- a) 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 District Munsif cum Judicial Magistrate, Madavaram, on his executing 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:
[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [c] the petitioner shall appear before the respondent police as and when required for interrogation.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] the petitioner shall not abscond either during investigation or trial.
[f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
With the above directions, this Criminal Original Petition is ordered.
-sd/- 17/02/2021 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 DISTRICIT MUNSIF CUM JUDICIAL MAGISTRATE, MADAVARAM, THIRUVALLUR DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR [FOR INFORMATION].
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, M-1,MADAVARAM POLICE STATION, TIRUVALLUR DISTRICT CC to M/S.A.MANOJKUMAR Advocate on payment of necessary charges CRL OP.2993/2021 Date :17/02/2021 MN-26/02/2021