Gokulakrishnan v. The State Rep 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.9136 of 2022 1 GOKULAKRISHNAN [ PETITIONERS / ACCUSED ] 2 MANIKANDAN 3 ELUMALAI Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, TALUK POLICE STATION, ARAKKONAM, RANIPET DISTRICT.
CRIME NO.125 OF 2022 For Petitioners : M/S.A.GOUTHAMAN 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 323, 324 and 427 of IPC in Crime No.125 of 2022, on the file of the respondent police, seek anticipatory bail.
2. Due to the previous enmity, the petitioners have attacked the de facto complainant and his cousin. Both have sustained injury and got treated in the hospital. It is stated that the injured got discharged after treatment.
3. Mr.S.Santhosh, learned Government Advocate (Criminal Side) appearing for the respondent Police opposed granting Anticipatory Bail to the petitioner.
4. Considering the fact that pursuant to this incident, on the next date, the members of the injured family had alleged to have attacked the petitioners herein and a case has been registered, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, 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 Judicial Magistrate, Arakkonam, Ranipet District on condition that each of the petitioners shall execute a separate bond for a sum of Rs.50,000/- (Rupees Fifty 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, Arakkonam Town Police 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, ARAKKONAM, RANIPET DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, TALUK POLICE STATION, ARAKKONAM, RANIPET DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INVESTIGATING OFFICER ARAKKONAM TOWN POLICE, ARAKKONAM.
+1 CC to M/S.A.GOUTHAMAN Advocate on payment of necessary charges SR.NO.6074 CRL OP.9136/2022 Date :22/04/2022 JPA 28/04/2022