Sivakumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.5171 of 2019 1 SIVAKUMAR [ PETITIONERS / ACCUSED ] 2 VIGNESH Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ANUPPARPALAYAM POLICE STATION, TIRUPPUR DISTRICT CR.NO.79 OF 2019.

For Petitioner : M/S.C.PRABAKARAN Advocate For Respondent : MRS.M.PRABHAVATHI ADDL.PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 & 2, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 307 of IPC in Crime No.79 of 2019, seek anticipatory bail. 2.The case of the prosecution is that the de-facto complainant and the petitioners were consuming liquor in a bar and there was a wordy quarrel which resulted in the de-facto complainant being assaulted by the petitioners.

3.The learned counsel for the petitioners would submit that there was a previous enmity between the petitioners and the de-facto complainant and a false case has been given against the petitioners. 4.The learned Additional Public Prosecutor would submit that the injured persons have already been discharged from the hospital. 5.Considering the above facts and circumstances, this court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate Court - III on condition that the petitioner shall execute a bond for a sum of Rs.5,000/- (Rupees five thousand only) each 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 https://hcservices.ecourts.gov.in/hcservices/

anticipatory bail shall stand dismissed and on further condition that:

[a] the petitioners and 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.

[b] the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of 2 weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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

-sd/- 26/02/2019 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, COURT-III,TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, ANUPPARPALAYAM POLICE STATION, TIRUPPUR DISTRICT +1 CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges SR.NO. 4144 CRL OP.5171/2019 Date :26/02/2019 RD 28/02/2019 https://hcservices.ecourts.gov.in/hcservices/