V.Ashokkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice V. SIVAGNANAM CRIMINAL ORIGINAL PETITION No.10974 of 2022 1 V.ASHOKKUMAR [ PETITIONERS/ ACCUSED ] 2 LAKSHMI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SUNGUVARCHATHIRAM POLICE STATION, SUNGUVARCHATHIRAM, KANCHIPURAM DISTRICT.

(CRIME NO.NOT KNOWN OF 2022) For Petitioner : M/S.K.G.SENTHILKUMAR Advocate For Respondent : MR.S.SUGENDRAN,Additional Public Prosecutor 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), 323 and 506(ii) of IPC in Crime No. not known, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners said to have abused the defacto complainant, who is living in relationship with the first petitioner herein and also criminally intimidated her. 3.The learned counsel appearing for the petitioners submitted that the petitioners had not committed any such offences as alleged by the prosecution and they had been falsely implicated in this case. He further submitted that it is a case in counter. Hence, he pleads for anticipatory bail.

4. The learned Additional Public Prosecutor appearing for the respondent police, on instructions, submitted that enquiry in this case is pending in CSR No.201 of 2022 .

5. Considering the facts and circumstances of the case, the custodial interrogation of the petitioners is not necessary. Hence, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Sriperumbudur, on condition that the petitioners shall execute their own bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each,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 shall affix their photograph 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 respondent police as and when required for interrogation.

(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/- 11/05/2022 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, SRIPERUMBUDUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, SUNGUVARCHATHIRAM POLICE STATION, SUNGUVARCHATHIRAM, KANCHIPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.K.G.SENTHILKUMAR Advocate on payment of necessary charges SR.No.6958 CRL OP.10974/2022 Date :11/05/2022 CSK 13/05/2022