G.Johny Wesley Praveen v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twentieth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11877 of 2022 (*)G.JOHNY WESLEY PRAVEEN [ PETITIONER / ACCUSED ] Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, J-2 ADYAR POLICE STATION, CHENNAI DISTRICT.

(CRIME NO.88 OF 2022) For Petitioner : M/S. S.ANGAMUTHU Advocate For Respondent : MR.A.DAMODARAN, Additional public Prosecutor [CRL.O.P.NO.11877/2022] M/S.V.J.PRIYADARSANA, Govt. Advocate (Crl. Side) [CRL.M.P.NO.7414/2022] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 447 and 506 (i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act in Crime No.88 of 2022 on the file of respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on the date of occurrence, there is a wordy quarrel between the petitioner and defacto complainant, in which the petitioner said to have brutally attacked him with a weapon, thereby, caused serious injury to him. It is a case in counter case. Earlier, the defacto complainant attacked the petitioner and other accused, thereby caused injury. Hence, they have also filed a complaint against the defacto

complainant in Crime No.89 of 2022 for the offences punishable under Sec.294(b), 323 and 324 of I.P.C. As a counter-blast, the present complaint has been filed.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Therefore, he prays to grant anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that the injured has been treated as out patient and discharged from the hospital. However, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Considering the above fact and circumstances of the case, and also considering the fact that the injured discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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 on which the order copy made ready, before the learned Metropolitan Magistrate -IX Saidapet 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 daily at 10.30 a.m. for a period of two 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 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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 20/05/2022 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.

(*)AMENDED AS PER ORDER OF THIS COURT DATED 15/06/2022 MADE IN CRL.MP.No.7414 OF 2022 IN CRL.O.P.NO.11877 OF 2022 TO 1 THE METROPOLITAN MAGISTRATE, NO.IX, SAIDAPET.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, J-2 ADYAR POLICE STATION, CHENNAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. S.ANGAMUTHU Advocate on payment of necessary charges SR.NO.9119 CRL OP.11877/2022 Date :20/05/2022 JPA 24/05/2022 JPA 22/06/2022