Pichandi v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13261 of 2022 1 PICHANDI [ PETITIONERS / ACCUSED ] 2 SIVAKUMAR Vs INSPECTOR OF POLICE [ RESPONDENT ] KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT.
CRIME NO.127/2022.
For Petitioner : M/S.E.SATHIYARAJ Advocate For Respondent : MR. S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- It is the second anticipatory bail filed by the petitioners/A1 and A3, who apprehend arrest for the alleged offence under Sections 147, 148, 294(b), 324, 506(2), 307 of I.P.C in Crime No.127 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. Though this Court dismissed the anticipatory bail petition filed by these petitioners, considering the fact that the victim is discharged from the hospital and the police has not secured the petitioners, since presumingly their custody is not required for investigation, the petition for anticipatory bail Crl.O.P.No.13261 of 2022 is allowed and this Court is inclined to grant anticipatory bail to these petitioners, subject to certain conditions. 4.Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this
order, before the learned District Munsif cum Judicial Magistrate, Kalasapakkam, Tiruvannamalai District on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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) if the petitioners failed to surrender before the concerned Magistrate within a period of 7 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled.; (b) the petitioners and the sureties shall affix her 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;
(c)the petitioners shall report before the Investigating Officer as and when required;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions has been imposed and the petitioners 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; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 14/06/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KALASAPAKKAM, TIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRICT. [FOR INFORMATION] 3 INSPECTOR OF POLICE KALASAPAKKAM POLICE STATION, TIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.E.SATHIYARAJ Advocate on payment of necessary charges SR.NO. 9054 CRL OP.13261/2022 Date :14/06/2022 RW-17/06/2022