Ranjithkumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Ranjithkumar ... Petitioner /vs/ The State rep. By The Inspector of Police, Arakkonam Town Police Station, Ranipet District.

Crime No.25 of 2020 ... Respondents Prayer : Criminal Original Petition has been filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in connection with the Crime No.25 of 2020 on the file of the respondent police.

For Petitioner : Mr. R. Sasikumar For respondent : Mr. M.Mohamed Riyaz, Addl. Public Prosecutor 1/6

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ORDER

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 341, 326, 307 and 506(ii) of IPC in Crime No.25 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that there was a quarrel between the petitioner and the defacto complainant and it is alleged that the petitioner along with another accused assaulted the defacto complainant with wooden log and knife and abused him in unparliamentary words. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the petitioner along with other accused attacked the defacto complainant and the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and the fact that the injured has been discharged from the hospital, this Court 3/6

is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Arakkonam, on condition that the petitioner shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m. from 30.06.2020 for a period of four weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[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/s in accordance with law as if the conditions have been imposed and the petitioner/s 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]. [f] If the accused thereafter abscond/s, a fresh FIR can be registered under Section 229A IPC.

24.06.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mrp To

1. The Judicial Magistrate, Arakkonam,

2. The Inspector of Police, Arakkonam Town Police Station, Ranipet District.

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN, J., mrp 24.06.2020 6/6