Kannan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 12.05.2021 CORAM :
THE HON'BLE MRS. JUSTICE S.KANNAMMAL Crl.O.P.No.9036 of 2021 Kannan ... Petitioner Vs.
The State Rep. by The Inspector of Police, Vellore South L & O Police Station, Vellore District.
(Crime No.142 of 2021 ) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code, to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.142 of 2021 on the file of the Respondent.
For Petitioner : Ms.S.P.Arthi For Respondent : Mr.T.Shunmugarajeswaran Government Advocate
O R D E R
(The case has been heard through video conference) The Petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 341, 294(b), 324 and 307 of IPC in Crime No. 142 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. Totally there are five accused and the petitioner is arrayed as A4. The case of the prosecution is that on the date of occurrence, following a wordy quarrel between the de-facto complainant and the accused, the accused persons attacked the de-facto complainant using knife and wooden log, thereby the de-facto complainant sustained injuries.
3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and hence, he seeks anticipatory bail to the petitioner.
4. The learned Government Advocate submitted that the injured has been discharged from hospital and no previous case is pending against the petitioner.
5. Considering the fact that the injured has been discharged from hospital and no previous case is pending against the petitioner, this court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest on his appearance, within a period of fifteen days from the date of receipt of a copy of this order before the learned Judicial Magistrate No.I at Vellore, 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 learned Judicial Magistrate concerned and on further conditions that:
(b) the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) 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.
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial 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];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
7. With the above directions, this Criminal Original Petition is ordered.
-sd/- 12/05/2021 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, VELLORE 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 INSPECTOR OF POLICE, VELLORE SOUTH L AND O POLICE STATION, VELLORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S S.P.ARTHI Advocate on payment of necessary charges CRL OP.9036/2021 Date :12/05/2021 RVR 01/07/2021