Santhana Ajis v. The State Of Tamilnadu Through

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Sixteenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL ORIGINAL PETITION No.5902 of 2020 SANTHANA AJIS [ PETITIONER / ACCUSED ] Vs THE STATE OF TAMILNADU [ RESPONDENT ] THROUGH THE, INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE.

CRIME NO.164/2020.

For Petitioner : M/S.DEEPAN UDAY Advocate For Respondent : MR.K.PRABAKAR, ADDITIONAL PUBLIC PROSECUTOR 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 offences punishable under Sections 147, 148, 294(b), 324 and 506 (ii) IPC in Crime No.164 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that due to a quarrel, the petitioner along with other accused assaulted the defacto complainant's son with wooden log and hands. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner and the defacto complainant's son are college students and due to a previous enmity, a false case has been given as against the petitioner. He further submitted that the petitioner has not committed any offence as alleged by the prosecution. Hence, he sought for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police submit that this petitioner is named accused in the FIR, he along with other accused assaulted the defacto complainant's son with wooden log and hands and thereby caused injuries to him. He also submitted that the victim has been discharged from the hospital. However, he opposed to grant anticipatory bail to the petitioner.

5. Considering the above facts and circumstances of the case, and that the victim has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to following conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sulur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 05.30 p.m., until further orders.

[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 petitioner in accordance with law as if the conditions have 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].

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

-sd/- 16/03/2020 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, SULUR.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE.[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SULUR POLICE STATION, COIMBATORE.

+1CC to M/S.DEEPAN UDAY Advocate on payment of necessary charges SR NO.5092 CRL OP.5902/2020 Date :16/03/2020 MK:16/04/2020