V.Vignesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRIMINAL ORIGINAL PETITION No.12505 of 2022 V.VIGNESH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, K4, ANNA NAGAR POLICE STATION, CHENNAI.

(CR.NO. 615 OF 2021) For Petitioner : M/S. C.D.SUGUMAR Advocate For Respondent : MR. A.GOKULAKRISHNAN, Additional Public Prosecutor 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 alleged offences punishable under Sections 147, 148, 341 and 302 of IPC, in Crime No.615 of 2021, seeks anticipatory bail.

2.The allegation as against the petitioner is that the petitioner is only a conspirator for the commission of the alleged offence. On 18.08.2021, the defacto complainant and his father, while travelling in a motor cycle, a gang of three persons came in an auto, intercepted them and assaulted them with knives and they caused grievous injuries all over the body of the father of the defacto complainant and he died at the place of occurrence. Investigation has been completed and the final report has also been filed. The petitioner has been absconding even before filing the final report. The petitioner has been arrayed as accused as conspirator since investigation has been completed and final report has also been filed.

3.The learned counsel for the petitioner further submits that the petitioner has been wrongly implicated in this case on the confession statement of one of the accused and he is no way connected with this case. Hence, he seeks anticipatory bail. 4.The learned Government Advocate submits that the investigation has been completed and final report has already been filed in this case.

5.Considering the nature of allegations as against the petitioner and taking into consideration the fact that the investigation has been completed and final report has already been filed, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, this criminal original petition is allowed and 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 V Metropolitan Magistrate, Egmore, Chennai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five thousand only)each, with two sureties each for a like sum to the satisfaction of the learned Judge concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police daily, until further orders.

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

[d]the petitioner shall not absconds 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, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 01/06/2022 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 V METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, K4, ANNA NAGAR POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. C.D.SUGUMAR Advocate on payment of necessary charges SR.No.8331 CRL OP.12505/2022 Date :01/06/2022 CSK 03/06/2022