Pavin v. The State Represented 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.9252 of 2022 1 PAVIN [ PETITIONERS / ACCUSED ] 2 RAJALINGAM 3 VEERABATHIRAM Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, ANAMALAI STATION, COIMBATORE CRIME NO.321 OF 2022 For Petitioners : M/S. G.KARTHEEBAN 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 294(b), 323, 324 & 506 (Part II) of IPC, in Crime No.321 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The petitioners herein along with one Prabhakaran had gone to the house of the defacto complainant on 31.03.2022 at about 10.30 p.m. and called the defacto complainant out from his house and attacked him with iron bangle, wooden log and stone. The defacto complainant and his father had sustained injury, particularly the defacto complainant had sustained lacerated wound on his head due to the attack by the petitioners.

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

4. On going through the FIR, this Court is inclined to dismiss the Anticipatory Bail Petition is so far as the first petitioner is concerned, who is the A2 in the case and is inclined to grant anticipatory bail to the other petitioners with certain conditions. Accordingly, other petitioners / A3 and A4 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 Court No.1, Pollachi, on condition that the petitioners shall execute a bond for a sum of Rs.

(c) the petitioners shall report before the Investigating Officer 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, POLLACHI.

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

+1 CC to M/S. G.KARTHEEBAN Advocate on payment of necessary charges SR.NO.6175 CRL OP.9252/2022 Date :22/04/2022 JPA 27/04/2022