S.Akash v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8098 of 2022 S.AKASH [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] THE INSPECTOR OF POLICE MAILAM, POLICE STATION, VILUPURAM DISTRICT, CRIME NO.138 OF 2022.

For Petitioner : M/S.G.TAMILSELVAN 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 petitioner, who apprehends arrest for the alleged offences under Sections 147, 148, 294(b), 323, 324, 506(II) of IPC in Crime No.138 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).

3.

Due to sudden provocation, fight occurred in a temple festival, the petitioner has taken the knife and cut the wrist of the victim.

4.

The learned counsel for the petitioner states that when 20 persons started suddenly attacking the petitioner herein, he for self-defence, he cut the wrist of the victim and it was not done with an ulterior motive.

5.

On perusal of the FIR, it indicates that there was a group clash followed the wordy quarrel between the de facto complainant and A1. Taking note of the fact that the victim has 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 seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate II, Tindivanam, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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 not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the Investigating Officer daily at 10.30 a.m. until further orders;

(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 has 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/- 07/04/2022 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, NO.II, TINDIVANAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE MAILAM, POLICE STATION, VILUPURAM DISTRICT, 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.G.TAMILSELVAN Advocate on payment of necessary charges SR.NO.5404 CRL OP.8098/2022 Date :07/04/2022 JPA 12/04/2022