Johnsiliyan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2020
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9062 of 2020 Johnsiliyan, S/o.Sammantham, Elanthoppu, Sirkali Taluk, Nagapattinam District. ... Petitioner Vs.
State rep. by its Inspector of Police, Pudupattinam Police Station, Nagapattinam District.
(Crime No.367 of 2020) ... Respondent 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.367 of 2020 on the file of the respondent police. For Petitioner : MrJ.Jawahar For Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor
O R D E R
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324 & 506(ii) of IPC in Crime No.367 of 2020, seeks anticipatory bail.
2. The case of the prosecution is that there was a quarrel between the petitioner and the de-facto complainant and it is alleged that the petitioner abused the defacto complainant with filthy language and also attacked him with hands and Aruval. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an 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 attacked the de-facto complainant with hands and Aruval and
the injured person discharged from the hospital. Hence 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 person has been discharged from the hospital, this Court 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, Sirkazhi, 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 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., for a period of two weeks and thereafter 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].
[f] If the accused thereafter abscond/s, a fresh FIR can be registered under Section 229A IPC.
25.06.2020 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order msrm
To
1. The learned Judicial Magistrate, Sirkazhi.
2. The Inspector of Police, Pudupattinam Police Station, Nagapattinam District.
3. The Public Prosecutor, Madras High Court, Chennai.
G.K.ILANTHIRAIYAN, J msrm Crl.O.P.No. 9062 of 2020 25.06.2020