Venkatraj v. State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Thirteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8529 of 2022 VENKATRAJ [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] INSPECTOR OF POLICE, SHOOLAGIRI POLICE STATION, KRISHNAGIRI DISTRICT.
(CRIME NO.114 OF 2022) For Petitioner : M/S.M.P.SARAVANAN 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 offence under Section 341, 323, 294(b) & 307 of I.PC., in Crime No.114 of 2022, on the file of respondent police, seeks anticipatory bail.
2. Due to money dispute between the victim Gopi and one Logesh, the petitioner, who is arrayed as A4 along with Logesh, Vijaya Kumar and Sivaprakash had come to the place of the injured on 19.03.2022 at about 8.30 p.m., and demanded money payable to Logesh. When the injured victim sought two days time, there was wordy quarrel between them. As a result, Gopi attacked Logesh with wooden log. Immediately, Vijaya Kumar (A1) has taken a knife and attacked the victim on his chest and abdomen. Since the victim Gopi sustained grievous injury, who was taken to hospital by the defacto complainant, who was with the victim.
3. The Learned Government Advocate (Crl.Side) for the respondent/state would state that, other three accused namely Vijaya Kumar,Logesh and Sivaprakash were arrested and remanded to judicial custody. This petitioner is yet to be secured. From reading the F.I.R report, who is named the assails and overt act, this Court finds, this petitioner has attacked the defacto complainant with hands, on his back and face. There is no injury to the defacto complainant.
4. Recording the same, the petitioner is ordered to be released on anticipatory 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-I, Hosur, on condition that, the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties 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 appear before the Investigating Officer, daily at 10.30 a.m., until further orders.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(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 have been imposed and the petitioner released on anticipatory 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/- 13/04/2022 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.I, HOSUR 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 INSPECTOR OF POLICE, SHOOLAGIRI POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.M.P.SARAVANAN Advocate on payment of necessary charges sr.5649 CRL OP.8529/2022 Date :13/04/2022 RVR 19/04/2022