V.Kamaraj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Sixteenth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6043 of 2022 V.KAMARAJ [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE [ RESPONDENT ] KALASAPAKKAM POLICE STATION, KALASAPAKKAM TALUK, THIRUVANNAMALAI DISTRICT.

CRIME NO.65 2022.

For Petitioner : M/S.M.JAYAKUMAR 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 for the alleged offences under Sections 341, 294(b), 323, 324, 355 and 506(II) of IPC in Crime No.65 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. On perusal of the F.I.R, it appears that, due to previous enmity the de facto complainant was assaulted by the petitioner herein. The injury seems to be simple in nature and there is also counter case against the de facto complainant.

3. In view of the above, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. 4.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, Kalasapakkam, Thiruvannamalai District, on condition that the petitioner 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 petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the Investigating Officer daily at 10.30 a.m. until further orders;

(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 has 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 16/03/2022 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, KALASAPAKKAM, THIRUVANNAMALAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION]

3 THE INSPECTOR OF POLICE KALASAPAKKAM POLICE STATION, KALASAPAKKAM TALUK, THIRUVANNAMALAI DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.JAYAKUMAR Advocate on payment of necessary charges SR.NO.4094 CRL OP.6043/2022 Date :16/03/2022 JPA 21/03/2022