Thirumaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Fourth day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.6485 of 2022 1 THIRUMARAN [ PETITIONERS / ACCUSED ] 2 SREEDHAR 3 ROCKET RAJA @ SERMATHURAI 4 AMBETH Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, J-7, VELACHERY POLICE STATION, CHENNAI-42.

CRIME NO.158/2022 For Petitioner : M/S.N.SRIDHAR 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 petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 324 & 506(ii) of IPC in Crime No.158 of 2022, on the file of the respondent police, seek anticipatory bail. 2.

The petitioners herein regarding pasting posters had quarreled with the defacto complainant and in the physical altercation the defacto complainant was attacked with stone and hand causing injury on the head and face. The petitioners are now seeking anticipatory bail apprehending arrest.

3. In the said case, the accident register perused and this Court finds that the injuries caused are simple in nature and the defacto complainant was treated as out patient.

4. Taking note of the above facts, this Court is inclined to grant anticipatory bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned XVIII M.M. Saidapet, Chennai - 15 on condition that each of the petitioners shall execute a separate 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 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) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) the petitioners 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;

(c) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

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

-sd/- 24/03/2022 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 XVIII METROPOLITAN MAGISTRATE SAIDAPET, CHENNAI-15 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, J-7, VELACHERY POLICE STATION, CHENNAI-42.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.N.SRIDHAR Advocate on payment of necessary charges Sr.4567 CRL OP.6485/2022 Date :24/03/2022 RVR 28/03/2022