J.Nareshkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Nineteenth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.8823 of 2022 1 J.NARESHKUMAR [ PETITIONERS / ACCUSED ] 2 M.JANAKIRAMAN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, RANIPET DISTRICT CRIME NO.479 OF 2019.

For Petitioner : M/S.S.N.ARUNKUMAR Advocate For Respondent : M/S.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 294(b), 323, 324 and 506(i) of IPC in Crime No.479 of 2019, on the file of the respondent police, seek anticipatory bail.

2. The petitioners herein apprehending arrest in crime No.479 of 2019 wherein the defacto complainant has alleged that the petitioners attacked his son indiscriminately causing loss of sight. 3.The learned counsel for the petitioners submits that while playing cricket there was a fight between the defacto complainant's son and the petitioners who was 17 years old at that time in which there was exchange of blows between them. The petitioner had not caused injury with an intention.

4. Considering the fact that the first petitioner was less than 18 years old at the time of occurrence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5. 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 District Munsif-Cum-Judicial Magistrate Court, Ranipet on condition that the petitioners shall execute separate bonds for a sum of Rs.50,000/-(Rupees Fifty 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 respondent police as and when required for 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 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/- 19/04/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, RANIPET.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, RANIPET DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.N.ARUNKUMAR Advocate on payment of necessary charges SR.NO. 5814 CRL OP.8823/2022 Date :19/04/2022 RW 26/04/2022