N.Sathishkumar 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.9275 of 2022 N.SATHISHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E-1 MYLAPORE POLICE STATION, CHENNAI-600004.

(CRIME NO.142/2022) For Petitioner : M/S C.MOHANRAJ 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 petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 341, 294(b), 324, 506(ii), 109 & 120(B) of IPC r/w 25 (1A) of Arms Act, 1959 @ 147, 148, 341, 294(b), 324, 506(ii), 307, 109 & 120(B) of IPC r/w 25(1A) of Arms Act, in Crime No.142 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The petitioner herein, who is the 9th accused in Crime No.142 of 2022, wherein, there was a wordy quarrel between the de facto complainant's family and the petitioner's relative. Due to which, the de facto complainant sustained injury. The accident report indicates one injury, which is laceration of 5x2 cm on right flexor aspect of forearm of the de facto complainant.

3. Considering the fact that except the allegation that this petitioner along with A2 chased the de facto complainant, caught hold of his hands and there is no other overt act attributed to this petitioner for passing any threat, therefore, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the

event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Learned XVIII Metropolitan Magistrate, Saidapet, Chennai, on condition that the petitioner shall execute a 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 petitioner 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 petitioner 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 petitioner shall report before the Investigating Officer daily at 10.30 a.m., until further orders;

(d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioner 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/- 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 XVIII METROPOLITAN MAGISTRATE, SAIDAPET, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, E-1 MYLAPORE POLICE STATION, CHENNAI 600004.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S C.MOHANRAJ Advocate on payment of necessary charges SR.No.6248 CRL OP.9275/2022 Date :22/04/2022 CSK 28/04/2022