K.Tamilarasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.10451 of 2022 TAMILARASAN K [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, PERUNDURAI POLICE STATION, ERODE DISTRICT.

(CRIME NO.187 OF 2022) For Petitioner : M/S. S.RAMESH Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor 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 offences punishable under Sections 307, 428 and 506(ii) of I.P.C. in Crime No.187 of 2022, on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is having illicit intimacy with A2, which was questioned by one Murugaswamy. Infuriated by that, the petitioner along with others have gone to the house of Murugaswamy and attacked him and his wife with wooden log, thereby causing lacerated wound over the head and body. Hence, the complaint.

3. The learned counsel appearing for petitioner would submit that the petitioner was not present in the scene of occurrence and he has been falsely implicated in the above case. He would also submit that this is the second anticipatory bail petition before this Court. Hence, he prays to grant anticipatory bail to the petitioner.

4. The learned Addl. Public Prosecutor appearing for respondent would submit that the petitioner along with others have gone to house of Murugasamy, and attacked him with wooden log, thereby caused injury to him and also his wife. He would further submit that the injured has been discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case and also considering the fact that the victim discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Perundurai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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, failing which, the petition for anticipatory bail shall stand dismissed 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[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 have 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 18/05/2022 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, PERUNDURAI.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERUNDURAI POLICE STATION, ERODE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. S.RAMESH Advocate on payment of necessary charges SR.NO.7142 CRL OP.10451/2022 Date :18/05/2022 CSK 19/05/2022