P.Retham v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Thirty First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7506 of 2022 P.RETHAM [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-3, PUZHAL POLICE STATION, CHENNAI DISTRICT.
(CRIME NO.379/2022) For Petitioner : M/S.S.ANGAMUTHU Advocate For Respondent : M/S.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 offence punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC in Crime No.379 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The petitioner herein is one among the five accused who have attacked the son of the defacto complainant with knife and wooden log over the head, arm and thigh in the FIR it is alleged that this petitioner picked up quarrel with defacto complainant son and attacked him indiscriminately with wooden log.
3. The learned Government Advocate (Crl side) states that except this petitioner other four accused were arrested and this petitioner absconding. As far as injured victim is concerned he was discharged from the hospital after taking treatment for the injury.
4. Considering the fact that the occurrence had taken place due to the previous enemity and the injured also discharged from the hospital after getting treatment for his simple injury, 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 District Munsif-Cum-Judicial Magistrate, Madhavaram, 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 learned Magistrate concerned and on further conditions that:
(a) if the petitioner 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 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;
(c) the petitioner shall stay at Vellore and report before the Investigating Officer, Vellore South Police Station daily at 10.30 a.m, until further orders;
(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner is 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/- 31/03/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, MADHAVARAM.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, M-3, PUZHAL POLICE STATION, CHENNAI DISTRICT.
4 THE OFFICER INCHARGE, VELLORE SOUTH POLICE STATION, VELLORE.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.S.ANGAMUTHU Advocate on payment of necessary charges SR.NO. 4905 CRL OP.7506/2022 Date :31/03/2022 RW 07/04/2022