Madras High CourtCRL OP/10500/2021granted

Karthikeyan v. The State Rep. By

2021-06-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI CRL.O.P.No.10500 of 2021 Karthikeyan ... Petitioner

Versus

State Rep. by The Inspector of Police, Mayiladuthurai Police Station, Mayiladuthurai.

(Cr.No.1368 of 2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioner on anticipatory bail in the event of arrest by the respondent Police in Crime No.1368 of 2021 on the file of the respondent Police. For Petitioner : Mr.M.Rajkumarfranklin For Respondent : Mr.A.Gopinath Government Advocate (Crl. side)

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 341, 294 (b), 324, 323, 506(ii) IPC in Cr.No.1368 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 11.06.2021 at around 5 pm, the petitioner along with the other accused persons used filthy language on the defacto complainant and attacked him with deadly weapons, since the brother of the defacto complainant informed the respondent Police regarding the involvement of the petitioner and other accused person in an illegal arrack sale. Due to which the defacto complainant has lodged a complaint and hence, the Law Enforcing Agency has registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.Side) submits that the injured person has been discharged from the hospital and there is no previous case pending against the petitioner.

5. Considering the fact that the injured has been discharged from the hospital and there is also no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6.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 receipt of a copy of this order, before the learned Judicial Magistrate No.I, Mayiladuthurai, 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 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 Court concerned 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 daily at 10.30 a.m. until further orders; (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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 17/06/2021 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 NO.I, MAYILADUTHURAI.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MAYILADUTHURAI POLICE STATION, MAYILADUTHURAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.RAJKUMARFRANKLIN Advocate on payment of necessary charges CRL OP.10500/2021 Date :17/06/2021 MK:15/07/2021