P.Prasad v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7871 of 2022 1 P.PRASAD [ PETITIONERS/ ACCUSED ] 2 P.VINOD 3 KUMAR JEEVARATHINAM 4 SURESH 5 P.SUBHASHINI 6 KOTAMMA Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, G3-POLICE STATION, KILPAUK, CHENNAI 600010.

(CRIME NO. 81 OF 2022) For Petitioner : M/S.G.VIGNESHWAR 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 offence punishable under Sections 294(b), 323 and 506 (1) and 4 of TN PHW Act in Crime No.81 of 2022 on the file of the respondent police, seek anticipatory bail.

2. There is a case and case in counter regarding the use of pathway, physical altercation has been occurred between the defacto complainant in crime No.81 of 2022 and the petitioner herein who are complainant, in crime No.82 of 2022. The defacto complainant in this case has alleged that this persons attacked her by hands and cause injury. The Accident Register of the defacto complainant indicates that selling and tenderness over right thigh and laceration wound on the right hip and right leg.

3.Considering the above facts that the petitioners were also sustained injuries and also the injuries are simple in nature. Hence, 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 II Metropolitan Magistrate, Egmore, Chennai on condition that the petitioners shall execute separate bonds for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Investigating Officer at 10.30 a.m., and 5.30 p.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 are 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/- 05/04/2022 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 II METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, G3-POLICE STATION,KILPAUK, CHENNAI 600010.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.G.VIGNESHWAR Advocate on payment of necessary charges SR.No.5140 CRL OP.7871/2022 Date :05/04/2022 CSK 11/04/2022