Kamaraj v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.4559 of 2022 1 KAMARAJ [ PETITIONERS / ACCUSED ] 2 VINOTHINI 3 SURESH @ SUGESH 4 SUBRAMANI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, MAILAM POLICE STATION, TINDIVANAM, VILLUPURAM DISTRICT (CRIME NO.92/2022) For Petitioner : M/S R.THAMARAI SELVAN 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 petitioners, who apprehend arrest for the alleged offences under Sections 294(b), 448, 323, 324, 427, 506(ii) IPC in Crime No.92 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 06.02.2022, petitioners herein attacked the defacto complainant using his hand and wooden log and it is also alleged that the petitioners threatened the defacto complainant with dire consequences. Hence, the complaint.
3. The learned Counsel appearing for the petitioners submits that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
3. The learned Government Advocate (Crl. Side) submits that in the alleged occurrence, the person who sustained injuries was treated as an out patient in Government Hospital and he further submits that the investigation in this case is almost completed. 4.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate Court NO.I, Tindivanam on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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 petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;
(c)the petitioners shall report before the Investigating Officer daily at 10.00 am until further orders and shall co-operate for investigation.
(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/- 04/03/2022 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, TINDIVANAM.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MAILAM POLICE STATION, TINDIVANAM, VILLUPURAM DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S R.THAMARAI SELVAN Advocate on payment of necessary charges SR.NO. 3395 CRL OP.4559/2022 Date :04/03/2022 RW 17/03/2022