S.Ansar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.11259 of 2022 S.ANSAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, KALLAKURICHI POLICE STATION, KALLAKURICHI DISTRICT CRIME NO.136 OF 2022.

For Petitioner : M/S. M.P.RAJAVELAYUTHAM Advocate For Respondent : MR. S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) 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 offence punishable under Section 294(b), 323, 324, 506(ii) IPC before this Court seeks anticipatory bail. 2.The allegation against the petitioner is that due to wordy quarrel with the defacto complainant, he attacked him with iron rod due to which, four of his upper teeth got dislodged. 3.The learned Government Advocate (Crl Side) states that the injured person discharged from hospital.

4. In fact that the earlier Anticipatory bail petition was dismissed on 25.04.2022 considering the nature of injury sustained by the defacto complainant and now he is discharged from hospital. Hence, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on

bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No- I Kallakurichi on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a) if the petitioner 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 petitioner 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 petitioner shall report before the Investigating Officer as and when required for an 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]; and; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 08/06/2022 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.I, KALLAKURICHI.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. M.P.RAJAVELAYUTHAM Advocate on payment of necessary charges CRL OP.11259/2022 Date :08/06/2022 RW-15/06/2022