Kumar v. The State And Tamil Nadu
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.10757 of 2022 1 KUMAR [ PETITIONERS / ACCUSED ] 2 BALAKRISHNAN @ BALU Vs THE STATE AND TAMIL NADU [ RESPONDENT ] REP BY ITS INSPECTOR OF POLICE, KOTTAKUPPAM POLICE STATION, VILLUPURAM DISTRICT.
VILLUPURAM.
(CR.NO.124 OF 2022) For Petitioner : M/S.J.SWARNAM RAJAGOPAL 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 at the hands of the respondent police for the alleged offences under Sections 341, 294 (b), 324, 506(2) and 307 of IPC, in Crime No.124 of 2022, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that due to previous enmity the incident had happened. It is also alleged that the petitioners abused the defacto complainant with filthy language and also attacked him with beer bottle and knife and threatened him with dire consequences. Hence, the complaint.
3. The learned counsel for the petitioners submitted that the first and third accused were arrested, remanded and released on bail and the injured is discharged from the hospital. Hence, he prays for grant of anticipatory bail to the petitioners. The learned Government Advocate (Crl.Side) opposes this petition.
4. Taking into consideration the fact that the injured had been discharged from the hospital, this Court is of the view that the custodial interrogation of the petitioners is not necessary in this case. Hence, this Court is inclined to grant anticipatory bail to the petitioners with 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 District Munsif cum Judicial Magistrate, Vanur, Villupuram District, on condition that each of the petitioners 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, failing which the anticipatory bail shall stand canceled and on further condition that: (a) the petitioners 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;
(b) the petitioners shall report before the Investigating Officer, daily at 10.00 a.m., until further orders. (c) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(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 have 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 abscond, 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VANUR, VILLUPURAM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KOTTAKUPPAM POLICE STATION, VILLUPURAM DISTRICT. VILLUPURAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.J.SWARNAM RAJAGOPAL Advocate on payment of necessary charges SR.No.6872 CRL OP.10757/2022 Date :06/05/2022 CSK 10/05/2022