Jothiprakasam v. 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.9165 of 2022 1 JOTHIPRAKASAM [ PETITIONERS / ACCUSED ] 2 ULAGANATHAN 3 PRABU 4 RAJAGOPAL 5 THENMOZHI 6 LAKSHMI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VELLIMEDUPETTAI POLICE STATION, CRIME NO.32 OF 2022 For Petitioners : M/S. M.GNANASEKAR 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 147, 148, 294(b), 323, 324 & 506 (Part II) of IPC, in Crime No.32 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case against these petitioners alleging attack on the defacto complainant and two others, causing fracture injury and lacerated injury using pathway was registered on 14.02.2022 .

3. The learned counsel for the petitioner would state that it is a case and case in counter, wherein, the members of the petitioners' family were attached by the defacto complainant's family members in respect of using the pathway.

4. Mr.S.Santhosh, learned Government Advocate (Criminal Side) appearing for the respondent Police opposed granting Anticipatory Bail to the petitioner.

5. Considering the fact of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 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 Judicial Magistrate I, Tindivanam, on condition that each of the petitioners shall execute a separate bond for a sum of Rs.

(c) the petitioners shall report before the Investigating Officer, Villupuram 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, NO.I, TINDIVANAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VELLIMEDUPETTAI POLICE STATION, 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INVESTIGATING OFFICER VILLLUPURAM TOWN POLICE, VILLUPURAM.

+1 CC to M/S. M.GNANASEKAR Advocate on payment of necessary charges SR.NO.6078 CRL OP.9165/2022 Date :22/04/2022 JPA 28/04/2022