C.Kumar v. Starte Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2021

CORAM

THE HON'BLE MR. JUSTICE R.SUBRAMANIAN Crl.O.P.No.9764 of 2021 C.Kumar ... Petitioner Vs.

The State Rep. By:- The Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

(Crime No.127 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of arrest in Crime No.127 of 2020 on the file of the respondent or on his appearance before the concerned Court to release him on bail. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.L.Baskaran Govt. Advocate (Crl.Side)

O R D E R

The petitioner, who apprehends arrest pursuant to the First Information Report registered against him in Crime No.127 of 2020 on the file of the respondent police under Sections 294(b), 341, 323, 324 and 506(ii) IPC, seeks anticipatory bail.

2. Mr.L.Baskaran, learned Government Advocate (Criminal Side) would submit that A1 and A2 have been released on bail by the learned Principal District Judge, Krishnagiri. He would also submit that the victim has also been discharged from the hospital. He further adds that there are no previous case against the petitioner.

3. Considering the above, I am of the opinion that the petitioner could be granted anticipatory bail. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate-I, Krishnagiri, within 15 days from the date of resumption of regular hearings in the said Court, subject to the following conditions:

[a] 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;

[b] 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;

[c] the petitioner shall report before the respondent police as and when required for interrogation;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[e] the petitioner 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 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]; [g] if the accused persons thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

4. Considering the present situation, the petitioner is granted 15 days time to execute the bond and furnish sureties from the date of commencement of regular functioning of the court below. In the event of violation of any of the conditions, the anticipatory bail granted will stand automatically cancelled.

-sd/- 03/06/2021 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,KRISHNAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 INSPECTOR OF POLICE KAVERIPATTINAM POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.9764/2021 Date :03/06/2021 RVR 06/07/2021