Sathish v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13256 of 2022 SATHISH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, KATTUR POLICE STATION, THIRUVALLUR DISTRICT CRIME NO.93 OF 2022.

For Petitioner : M/S.N.MAHENDRA BABU Advocate For Respondent : MR.S.UDAYA KUMAR, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Sections 448, 294(b), 323, 324, 506(2), 427 I.P.C. in Crime No.93 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. This Court, when three of the accused in Crime No.93 of 2022 on the file of the Kattur Police Station, Tiruvallur, approached this Court seeking anticipatory bail, dismissed the same on 28.04.2022. Considering the fact that the injured got discharged and two of the accused persons were released on anticipatory bail subsequently by this Court vide order dated 19.05.2022, seeking parity and the grant of anticipatory bail to the co-accused, the petitioner herein, who is arrayed as A1 seeks anticipatory bail.

3.Considering the said submission, this Court is inclined to grant anticipatory bail to the petitioner, subject to certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on appearance, within a period of

seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Ponneri, Tiruvallur District, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty 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 conditions that: (a) the petitioner and the sureties shall affix his 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 not tamper with evidence or witness either during investigation or trial;

(c)the petitioner shall report before the Investigating Officer as and when required;

(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 has 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/- 16/06/2022 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 JUDICIAL MAGISTRATE, NO.II, PONNERI, TIRUVALLUR

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KATTUR POLICE STATION, THIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.N.MAHENDRA BABU Advocate on payment of necessary charges SR.NO.9264 CRL OP.13256/2022 Date :16/06/2022 JPA 20/06/2022