S.Kumaran v. State By 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.7875 of 2022 1 S.KUMARAN [ PETITIONERS / ACCUSED ] 2 D.PRAKASH Vs STATE BY INSPECTOR OF POLICE [ RESPONDENT ] THIRUVANMIYUR POLICE STATION, CHENNAI.
(CRIME NO.106 OF 2022) For Petitioners : M/S.B.VIJAYAKUMAR 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 323, 324 and 506 (2) of IPC in Crime No.106 of 2022 on the file of the respondent police, seek anticipatory bail.
2. The petitioners apprehending arrest on the complaint against them by the defacto complainant alleging that the petitioners attacked with wooden log and hands seeking anticipatory bail.
3. A perusal of the FIR and Accident Register indicates that the incident alleged to have taken place on 20th March 2022 and the complaint has been given on 24th March of 2022 under Section 323, 324, 506(ii) of IPC and the injuries sustained by the defacto complainant and his friends are simple injuries.
4. Considering the nature of the injury and the allegation against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6. 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 XVII Metropolitan Magistrate, Saidapet, 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 Investigation Officer as and when required for an interrogation ;
(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 METROPOLITAN MAGISTRATE, NO.XVII, SAIDAPET, CHENNAI.
2 THE CHIEF JUDICIAL MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE THIRUVANMIYUR POLICE STATION, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.B.VIJAYAKUMAR Advocate on payment of necessary charges SR.NO.5154 CRL OP.7875/2022 Date :05/04/2022 JPA 13/04/2022