Udhayakumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9122 of 2022 UDHAYAKUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, GUDUVANCHERRY POLICE STATION, CHENGALPET DISTRICT.

(CRIME NO. 1047/2021) For Petitioner : M/S. R.PARTHIBAN 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 Sections 147, 294(b), 323 and 506(i) of IPC in Crime No.1047 of 2021, 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.

The petitioner herein is the one of the name accused in a case of criminal trespass and causing hurt. As per the FIR, on 17.11.2021, the petitioner along with three others had forcibly entered into the premises of one Shivashankar and enquired about him with the defacto complainant, when the defacto complainant had informed that the said Shivashankar is not in station, they have attacked the defacto complainant on his shoulder and on his cheeks and they had left the place after threatening him that they will murder the defacto complainant and the said Shivashankar.

4. The learned counsel for the petitioner states that one of the accused was arrested and granted bail and he further states that there is no specific overt act attributed against the petitioner. Hence, he pleads for grant of anticipatory bail to the petitioner.

5. The learned Government Advocate (Crl. Side) submits that the defacto complainant has sustained simple injury and he was treated as outpatient. As far as this petitioner is concerned, he has criminal pending against him for the alleged offence under section 406 and 420 of IPC.

6. Taking note of the fact that the FIR does not disclose any specific allegation against this petitioner except criminal trespass and intimidation, this Court is inclined to grant anticipatory bail to the petitioner.

7.

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, Court No.2, Chengalpet, on condition that the petitioner 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 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/- 21/04/2022 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.2, CHENGALPET.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, GUDUVANCHERRY POLICE STATION, CHENGALPET DISTRICT .

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. R.PARTHIBAN Advocate on payment of necessary charges SR.No.5994 CRL OP.9122/2022 Date :21/04/2022 CSK 26/04/2022