Gokul @ Gokul Prasath v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3594 of 2021 Gokul @ Gokul Prasath ... Petitioner Vs.

State by, The Inspector of Police, Tiruppur Central Police Station, Tiruppur District.

(Crime No.1010 of 2020) ... Respondent 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 by the respondent police in Cr.No.1010 of 2020 pending on the file of the respondent police or on his appearance before the Court.

For Petitioner : Mr.N.Sudharsan For Respondent : Mr.S.Karthikeyan, APP

O R D E R

(The case has been heard through video conference) The petitioner is arrayed as A4. He has been charged with for the offence punishable under Sections 294(b), 324, 341 and 506(ii) of I.P.C. in Crime No.1010 of 2020 and now, he has filed this petition seeking for anticipatory bail.

2. The case of prosecution is that on the date of occurrence, when the defacto complainant went along with his friends for consuming alcohol in a TASMAC shop, there was a quarrel between them, due to which, the petitioner said to have attacked the defacto complainant, thereby caused injury. Hence, the present complaint has been filed against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and a false case has been foisted against him. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that now the investigation is also completed. He would submit that there is no previous case pending against the petitioner. However, he opposed to grant anticipatory bail to the petitioner.

5. Taking into consideration of the fact that the occurrence was taken place due to a wordy quarrel between the parties, the injured was discharged from the hospital, and there is no bad antecedents against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions: (a) Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order copy was made ready, before the learned Judicial Magistrate No.II, Tiruppur, on condition that the petitioners shall execute a separate bond for a sum of Rs.

[b] the petitioner shall report before the respondent police as and when required;

[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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

6. With the above directions, this Criminal Original Petition is ordered.

-sd/- 24/02/2021 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 JUDICIAL MAGISTRATE, NO.II, TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 INSPECTOR OF POLICE, TIRUPPUR CENTRAL POLICE STATION, TIRUPPUR DISTRICT.

CC to M/S. N.SUDHARSAN Advocate on payment of necessary charges Sr.2373 CRL OP.3594/2021 Date :24/02/2021 RVR 05/03/2021