Prabakaran v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Second day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9156 of 2022 1 PRABAKARAN [ PETITIONERS / ACCUSED ] 2 SASI @ SASIKALA 3 JAYALAKSHMI 4 RAJENDRAN 5 CHELLAM 6 RAJA @ NATARAJAN 7 KARUPPU @ KARUPPUSAMY 8 MALLIGA 9 SARATHKUMAR 10 KIRUTHIKA Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PADALUR POLICE STATION, PADALUR.

CR.NO.68/2022 For Petitioner : M/S. D.ASHOKKUMAR 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 alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 341 & 506 (ii) of IPC, in Crime No.68 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The petitioners are accused in Crime No.68 of 2022, in which, it is alleged that the first petitioner has stabbed the defacto complainant with knife, causing stab injury on the right lower chest wall measuring 5x2x Intercostal. The other accused have attacked the defacto complainant and his family members with stone and sprayed chilli powder. The fight has erupted due to using the pathway of the accused land.

3. Mr.S.Santhosh, learned Government Advocate (Criminal Side) appearing for the respondent Police opposed granting Anticipatory Bail to the petitioners.

4. Considering the fact that the serious injury with weapon caused by the first petitioner viz., Prabakaran, this Court while considering the Anticipatory Bail petition, it is dismissed, in sofar as the first petitioner is concerned, who is the A1 in this case and is inclined to grant anticipatory bail to the other petitioners / A2 to A10 with certain conditions. Accordingly, other petitioners / A2 to A10 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 Judicial Magistrate II, Perambalur, on condition that each of the petitioners shall execute a separate 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) 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, Ulundurpet police station daily at 10.30 a.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 released on bail by the learned Magistrate/Trial Court themselves 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/- 22/04/2022 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, PERAMBALUR 2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, PADALUR POLICE STATION, PADALUR.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INVESTIGATING OFFICER, ULUNDURPET POLICE STATION, ULUNDURPET.

CC to M/S. D.ASHOKKUMAR Advocate on payment of necessary charges Sr.6068 CRL OP.9156/2022 Date :22/04/2022 RVR 28/04/2022