Kotiswaran v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2021

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Crl.O.P. No.10232 of 2021 Kotiswaran ... Petitioner Vs.

State by The Inspector of Police, Kanakamma Chathiram Police Station, Thiruvallur District.

(Crime No.234 of 2021) ... Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on bail in the event of his arrest in connection with in Crime No.234 of 2021 on the file of respondent police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioner apprehends arrest by the respondent police for the alleged offences under Sections 294(b), 323 and 506 (i) of I.P.C. in Crime No.234 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and three other accused have abused and assaulted the defacto complainant due to their previous enmity on 26.05.2021.

3. However, it is the case of the petitioner that he is no way involved in the offences as alleged by the prosecution. It is also stated that he has no criminal antecedents.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that the remaining three accused were earlier arrested on 28.05.2021 and thereafter released on bail.

5. After giving due consideration to the aforementioned facts, this Court is inclined to grant anticipatory bail to the petitioner subject to the fulfilment of the following conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of lifting of lockdown or the commencement of Courts normal functioning whichever is earlier, before the learned Judicial Magistrate, Thiruttani 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 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 and on further condition that:

[a] 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.

[b] the petitioner shall report before the respondent police as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner 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 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].

[f] If the accused thereafter abscond/s, a fresh FIR can be registered under Section 229A IPC.

-sd/- 11/06/2021 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, THIRUTTANI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, KANAKAMMA CHATHIRAM POLICE STATION, THIRUVALLUR DISTRICT.

CC to M/S.R.SASIKUMAR Advocate on payment of necessary charges CRL OP.10232/2021 Date :11/06/2021 cs 08/07/2021