Purushothaman v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Ninth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.6504 of 2020 PURUSHOTHAMAN [ PETITIONER / 3rd ACCUSED ] Vs 1 THE INSPECTOR OF POLICE [ RESPONDENTS/COMPLAINANT ] N-1, ROYAPURAM POLICE STATION, CHENNAI-13 CRIME NO. 67/2020 2 BAR COUNSIL OF INDIA, NO.21. ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAWAN, NEW DELHI-110 002.
3 BAR COUNSIL OF TN AND PUDUCHERRY HIGH COURT CAMPUS, CHENNAI-600 104.
(*) R2,R3 SUO MOTU IMPLEADED VIDE ORDER DATED 20.05.2020 MADE IN W.P.NO.5783 OF AND CRL.O.P.No.6504 OF BY Hon'ble Mr Justice N.KIRUBAKARAN AND Hon'ble Mr Justice R.PONGIAPPAN For Petitioner : M/S. PRAVEEN ALEXANDER Advocate For Respondent : MR. C.E.PRATAP, 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 offence under Sections 324, 341, 506(ii) of IPC in Cr.No.67 of 2020 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner is the practising advocate. On 02.02.2020, the defacto complainant was assaulted by the petitioner and other accused person with cricket bat due to previous enmity. Hence, the defacto complainant sustained injuries. Based on complaint, the Law Enforcing Agency registered a case against the petitioner.
3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and the defacto complainant sustained simple injuries. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate submits that the incident took place in the year 2020 and the injured person has been discharged from the hospital and investigation is pending.
5. Considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.
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 of receipt of a copy of this order, before the learned 16th Metropolitan Magistrate, GT Court, Chennai, 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 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 respondent police daily at 10.30 a.m. For a period of four weeks and thereafter, as and when required for interrogation;
(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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 29/10/2021 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 16TH METROPOLITAN MAGISTRATE, GT COURT, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.[FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE N-1, ROYAPURAM POLICE STATION, CHENNAI-13 5 BAR COUNSIL OF INDIA, NO.21. ROUSE AVENUE INSTITUTIONAL AREA, NEAR BAL BHAWAN, NEW DELHI-110 002.
6 BAR COUNSIL OF TN AND PUDUCHERRY HIGH COURT CAMPUS, CHENNAI-600 104.
+1 CC to M/S. PRAVEEN ALEXANDER Advocate on payment of necessary charges SR.NO.12229 CRL OP.6504/2020 Date :29/10/2021 RW 16/11/2021