Guhan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9314 of 2022 1 GUHAN [ PETITIONERS / ACCUSED ] 2 KARTHIKEYAN Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KUTHALAM POLICE STATION, MAYILADUTHURAI DISTRICT.

CR.NO.112 OF 2022.

For Petitioner : M/S.J.MILTON ARUL RAJENDRAN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners herein, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b) & 506(ii) of IPC, in Crime No.112 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The petitioners apprehend arrest by the respondent police on the complaint of one Rajaji alleging that during the temple festival in the village held on 11.04.2022, there was a quarrel between the de facto complainant and the petitioners regarding first honour and lead to criminal intimidation by the petitioners.

3. Considering the nature of the complaint, 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 No.I, Mayiladuthurai 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 as and when required for interrogation;

(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 himself 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/- 25/04/2022 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, MAYILADUTHURAI

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, KUTHALAM POLICE STATION, MAYILADUTHURAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2 CC to M/S.J.MILTON ARUL RAJENDRAN Advocate on payment of necessary charges Sr.6497 CRL OP.9314/2022 Date :25/04/2022 RVR 28/04/2022