Akash @ Akash Viswanath v. The 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 C.V.KARTHIKEYAN CRIMINAL ORIGINAL PETITION No.12842 of 2022 AKASH @ AKASH VISWANATH [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] INSPECTOR OF POLICE, H-1, WASHERMENPET POLICE STATION, CHENNAI (CRIME NO.310/2022) For Petitioner : M/S.G.PRABHAKARAN Advocate For Respondent : M/S. RAJ THILAK, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (1)The petitioner/A9 who was arrested on 20.04.2022 for the alleged offences punishable under Sections 147, 148, 341, 323, 324, 307 IPC and under Section 8(c) r/w 22(c), 29(1) of NDPS Act in Crime No.310 of 2022 on the file of the respondent police, seeks bail. (2)Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. (3)There was a wordy quarrel in a theatre and the present petitioner belongs to a group of ten persons, who are now shown as accused. It appears that in the theatre, they were watching movie. The quarrel led to altercations necessitating registration of the F.I.R by the respondent police for the aforesaid offences. The present petitioner is A9.

(4) It is stated by the learned Additional Public Prosecutor that there has been recovery of knives and psychotropic tablets. (5)However, taking into consideration that there are no previous cases and a wordy quarrel had emanated into this entire issue and also taking into consideration the fact that the injured had been discharged from the hospital and also the period of incarceration, this Court is inclined to grant bail to the petitioner subject to conditions:

(6)Accordingly, the petitioner is ordered to be released on bail on his executing 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 learned XV Metropolitan Magistrate, GT Court, Chennai and on further condition that:

[a] 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 am., until further orders.

[c]the petitioner shall not abscond either during investigation or trial.

[d]the petitioner shall not tamper with evidence or witness 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/- 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 XV METROPOLITAN MAGISTRATE GT COURT, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION)

3 INSPECTOR OF POLICE, H-1, WASHERMENPET POLICE STATION, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S.G.PRABHAKARAN Advocate on payment of necessary charges Sr.8244 CRL OP.12842/2022 Date :01/06/2022 RVR 01/06/2022