Sennappan 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.11158 of 2022 SENNAPPAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KOTTAPATTI POLICE STATION, DHARMAPURI DISTRICT.

CRIME NO.69 OF 2022 For Petitioner : M/S.J.PRADEEP Advocate For Respondent : MR. S.UDHYAKUMAR, Govt. Advocate(Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest for the alleged offences under sections 285, 338 of IPC r/w 25(1-B)(a), 27(1) of Arms Act 1959 in Crime No.69 of 2022, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that, on 27.03.2022 the petitioner along with A1 went to forest for hunting with country gun. At that time, A1 felt down with country gun and shot the petitioner herein and he sustained injury. Hence, the complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any such offences as alleged by the prosecution. He further submitted that he has been falsely implicated in this case. Hence, he pleads for anticipatory bail.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the investigation almost completed.

5. Considering the facts of the case and that now, the injured has been discharged from the hospital, custodial interrogation of the petitioner is not necessary. Hence, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Learned Judicial Magistrate, Harur, Dharmapuri District on condition that the petitioner shall execute own bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only), 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 respondent police daily at 10.30 a.m. for a period of four weeks and thereafter 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 is 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, HARUR, DHARMAPURI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, KOTTAPATTI POLICE STATION, DHARMAPURI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.J.PRADEEP Advocate on payment of necessary charges Sr.7102 CRL OP.11158/2022 Date :11/05/2022 RVR 16/05/2022