Sarathkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9441 of 2022 SARATHKUMAR [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, CHENGALPET TALUK, KANCHEEPURAM DISTRICT (CRIME NO.189/2022) For Petitioner : M/S R.RAJADURAI 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 for the alleged offence under Sections 341, 294(B), 323, 384, 506(II) of IPC in Crime No.189 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. On reading of the FIR indicates that on 03.04.2022, the petitioner along with three others waylaid the defacto complainant at knife point and a sum of Rs. 480/- was robbed from the defacto complainant.

3. The specific overt act attributed against the petitioner is that the petitioner along with one Velmurgan caught held of the defacto complainant and one Manikandan has robbed Rs.480 from the defacto complainant.

4. Considering the fact that the petitioner herein has not come under adverse notice and also considering the age of the petitioner, this Court is inclined to grant anticipatory bail.

5. 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 Judicial Magistrate Court No. II, Chengalpet District on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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)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;

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

(c)the petitioner shall report before the Investigating Officer daily at 10.30 a.m., until further orders.

(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 has 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 26/04/2022 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.II, CHENGALPET DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION)

3 INSPECTOR OF POLICE, CHENGALPET TALUK, KANCHEEPURAM DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S R.PARTHIBAN Advocate on payment of necessary charges Sr.6238 CRL OP.9441/2022 Date :26/04/2022 RVR 05/05/2022