Venkatesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5827 of 2022 VENKATESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, (LAW AND ORDER), T-5, THIRUVERKADU POLICE STATION, CHENNAI.

CR.NO.135 OF 2022.

For Petitioner : M/S.K.VIJAYARAGAVAN Advocate For Respondent : MR. 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 at the hands of the respondent Police for the alleged offences under Sections 294(b), 323 and 506(i) of IPC, in Crime No.135 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.

The complaint has been registered alleging that as a consequences of fight between the two children, the parents have been engaged in fish-fight in which the defacto complainant sustained simple injury.

3.

Heard, the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent Police.

4.

Considering the nature of the complaint and the injury caused, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5.

Accordingly, the petitioner is 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-II, Poonamallee, on condition that

the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand Only), with two sureties, each for a like sum to the satisfaction of the learned Magistrate, failing which the anticipatory bail shall stand canceled and on further condition that: (a) the petitioner and the sureties shall affix their 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 petitioner shall report before the Investigating Officer 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 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 15/03/2022 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.II, POONAMALLEE 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION)

3 INSPECTOR OF POLICE, (LAW AND ORDER), T-5, THIRUVERKADU POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.K.VIJAYARAGAVAN Advocate on payment of necessary charges Sr.3935 CRL OP.5827/2022 Date :15/03/2022 RVR 21/03/2022