P.Lakshmanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7648 of 2022 1 P.LAKSHMANAN [ PETITIONERS / ACCUSED ] 2 PRABHU @ IYYANARAPPPAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOTTAIKUPPAM POLICE STATION, VILLUPURAM DISTRICT.

CRIME NO.84/2022.

For Petitioner : M/S. G.PUNNIAKOTI 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 under Sections 294(b), 354, 506(II) of IPC r/w. Section 4 of TNPWH Act in Crime No.84 of 2022, on the file of the respondent police, seek anticipatory bail. 2.

The petitioners herein had trespassed into the house of the de facto complainant and tried to stab her and further the petitioners have destroyed the plants kept in her garden. Hence, complaint was registered on 05.02.2022 by the respondent police. 3.

Taking note of the fact that the petitioners had tried to stab the de facto complainant with spear and also destroyed the property and considering the fact that the petitioners and the de facto complainant are neighbors, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

4.

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 Judicial Magistrate, Vanur, on condition that each of the petitioners 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, failing which the anticipatory bail shall stand canceled and on further condition that: (a) 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; (b) the petitioners shall stay at Cuddalore and report before the Cuddalore Town Police Station daily at 10.30 a.m. until further orders;

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

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

-sd/- 04/04/2022 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, VANUR, VILLUPURAM.

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

4 THE INSPECTOR OF POLICE, KOTTAIKUPPAM POLICE STATION, VILLUPURAM DISTRICT.

5 THE OFFICER INCHARGE CUDDALORE TOWN POLICE STATION, CUDDALORE.

+1 CC to M/S. G.PUNNIAKOTI Advocate on payment of necessary charges SR.NO.5097 CRL OP.7648/2022 Date :04/04/2022 TA-08/04/2022