Prathap 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.12984 of 2022 1 PRATHAP [ PETITIONERS / ACCUSED ] 2 GOMATHI Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NELLIKUPPAM POLICE STATION, CUDDALORE DISTRICT.

CRIME NO.437/2022.

For Petitioner : M/S. K.VIJAYAKUMAR Advocate For Respondent : M/S.N.MUTHUVEL, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who have been arrayed as A1 and A2 apprehend arrest for the alleged offence under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.437 of 2022 on the file of the respondent police and seek anticipatory bail.

2. The case of the prosecution is that on 11.05.2022, the petitioners are alleged to have assaulted the de facto complainant and threatened him with dire consequences.

3. The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the injured has been discharged from the hospital.

5. Taking into consideration the facts and circumstances of the case and the submissions made on either side and the fact that the injured has been discharged, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.I, Cuddalore, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum 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 petitioners 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 petitioners shall report before the respondent police as and when required for interrogation.

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

[d] the petitioners 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 petitioners in accordance with law as if the conditions have 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-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 JUDICIAL MAGISTRATE, NO.I, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, NELLIKUPPAM POLICE STATION, CUDDALORE DISTRICT.

+1 CC to M/S. K.VIJAYAKUMAR Advocate on payment of necessary charges SR.NO.8252 CRL OP.12984/2022 Date :01/06/2022 TA-03/06/2022