K.Prem Kumar v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.9649 of 2022 1 K.PREM KUMAR [ PETITIONERS / ACCUSED ] 2 S.KARTHIRVEL @ SAMUVEL 3 R.AJITH KUMAR 4 R.MANOJ Vs STATE REP BY, [ RESPONDENT ] THE INSPECTOR OF POLICE, C-1, SRIPERUMBUDUR POLICE STATION, KANCHEEPURAM DISTRICT CRIME NO.313/2022 For Petitioner : M/S.D.MANOJ KUMAR, Advocate For Respondent : M/S.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 offences punishable under Sections 294(b) and 506(1) of IPC in Crime No.313 of 2022, seek anticipatory bail. 2.

It is alleged that the petitioners herein have gone to the house of the defacto complainant during the late night and knocked the door to threaten the defacto complainant with dire consequences. Counter complaint has also been registered against the defacto complainant and others in Crime No.309 of 2022 under Sections 294(b), 323, 448, 427 and 506(2) of IPC.

3.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners.

4.Accordingly, the petitioners are ordered to be released on anticipatory 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, Sriperumbudur, Kancheepuram District, on condition that each of the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees fifty Thousand Only)each, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which the anticipatory bail shall stand cancelled 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 daily at 10.00 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 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/- 27/04/2022 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, SRIPERUMBUDUR, KANCHEEPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, C-1, SRIPERUMBUDUR POLICE STATION, KANCHEEPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.J.JOHNSCY Advocate on payment of necessary charges SR.NO. 6380 CRL OP.9649/2022 Date :27/04/2022 RW 29/04/2022