Dinesh v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl. O.P. No. 8971 of 2020 Dinesh .. Petitioner vs.

The Inspector of Police, ... Respondent Haridhuvarmangalam Police Station, Thiruvarur District.

(Crime No. 21 / 2020) PRAYER: Criminal Original Petition filed under Section 438 Cr.P.C, praying to enlarge the petitioner on bail in the event of his arrest in Crime No. 21 of 2020, pending investigation on the file of the respondent Police.

For Petitioner : Mr. M.Srinivasan For Respondent : Mr. M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 324 and 506(ii) IPC in Crime No. 21 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioner and the de facto complainant and the petitioner is said to have abused and intimated and caused simple injuries to the de facto complainant.

3. The learned Additional Public Prosecutor, on instructions, submitted that injured person has been discharged from the hospital and there are no previous cases against the petitioner.

4. Taking into consideration, the facts and circumstances of the case and also of the fact that the victim has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions.

5. Accordingly, the petitioner is ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the District Munsif cum Judicial Magistrate Court, Needamangalam, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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 said Magistrate, 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 as and when required for interrogation.

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

[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 have 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/- 18/06/2020 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 COURT, NEEDAMANGALAM, 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR. [FOR INFORMATION]

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLCE, HARIDHUVARMANGALAM POLICE STATION, THIRUVARUR DISTRICT.

CC to M/S.M.SRINIVASAN Advocate on payment of necessary charges CRL OP.8971/2020 Date :18/06/2020 TA-25/08/2020