Anthonyraj v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.11481 of 2021 Anthony Raj ... Petitioner Vs.
The State Represented by :- ... Respondent The Inspector of Police, Perugavazhanthan Police Station, Thiruvarur District.
(Crime No.370 of 2021) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.370 of 2021 pending on the file of the respondent police.
For Petitioner : Mr.Swamisubramanian For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
ORDER
The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 324, and 506(ii) of IPC in Cr.No.370 of 2021 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that due to previous enmity, the petitioner along with other accused attacked the defacto complainant with beer bottle and thereafter, threatened him. Based on the complainant lodged by the defacto complainant, the Law Enforcing Agency registered a case against the petitioner and other accused persons.
3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and the petitioner has not committed any offence as alleged by the prosecution and he is falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate submits that injured person has been discharged from the hospital and there are two previous
cases pending against the petitioner.
5. Considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate-II, Mannargudi on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioner and the sureties shall affix their 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 report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, appear before the respondent police as and when required for interrogation; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 06/07/2021 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 II, MANNARGUDI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR DISTRICT (FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 INSPECTOR OF POLICE, PERUNGAVAZHANTHAN POLICE STATION, THIRUVARUR DISTRICT.
CC to M/S.SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.11481/2021 Date :06/07/2021 INBA 15/07/2021