Dhinaharan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G. CHANDRASEKHARAN CRIMINAL ORIGINAL PETITION No.10600 of 2022 1 DHINAHARAN [ PETITIONERS / ACCUSED ] 2 P.MUNIRAJ 3 VIKNESH Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E-2, PEELAMEDU POLICE STATION, COIMBATORE CITY, COIMBATORE.
CR.NO.260 OF 2022.
For Petitioner : M/S. W.CAMYLES GANDHI Advocate For Respondent : MR.N.S.SUGANTHAN, 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 for the alleged offences under Sections 294(b), 342, 324 & 506(ii) of IPC in Crime No.260 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. Heard the submissions of both the counsel appearing for parties.
3. It is seen from the submissions of the learned counsel appearing for the parties that the victim/defacto complainant was attacked by the petitioners believing that he was responsible for the theft of cash and cellphone in the TASMAC Bar. It is now submitted that the injured had been discharged from the hospital.
4. Considering the factual background and the fact that the injured had been discharged from the hospital, this Court is of the considered view that custodial interrogation of the petitioners is
not necessary and accordingly, this Court is inclined to grant anticipatory bail to the petitioners subject to certain conditions.
5. Accordingly, the petitioners are ordered to be released on 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-II, Coimbatore on condition that the petitioners shall execute separate bond for a sum of Rs.25,000/- each (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 petitioners and the sureties shall affix his 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 petitioners shall not tamper with evidence or witness either during investigation or trial; (c) the petitioners shall report before the Investigating Officer daily at 10.30 a.m. until further orders.
(d) the petitioners 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 petitioners in accordance with law as if the conditions has 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;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 06/05/2022 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, NO.II, COIMBATORE.
2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, E-2, PEELAMEDU POLICE STATION, COIMBATORE CITY, COIMBATORE.
+1 CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.6799 CRL OP.10600/2022 Date :06/05/2022 TA-12/05/2022