M.Vasanth v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fifteenth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.13744 of 2022 M.VASANTH [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, A.PALIPATTI POLICE STATION, DHARMAPURI DISTRICT.

(CRIME NO.48 OF 2022) For Petitioner : M/S J.BHARATHI RAJA 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 :- The petitioner, who apprehends arrest for the alleged offence under Sections 294(b), 324 and 506 (2) of I.P.C altered to Section 307 of I.P.C in Crime No.48 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. When the petitioner herein apprehending arrest by the respondent police in Crime No.48 of 2022 approached this Court for anticipatory bail in Crl.O.P.No.9409 of 2022, this Court on considering the submission dismissed the petition, since the investigation has disclosed the offence punishable under Section 307 I.P.C. Therefore, an alteration report was filed by the investigation officer. Now, the second anticipatory bail petition is filed by the petitioner stating that there is no alteration of charges to Section 307 I.P.C. and the petitioner has been accused of offences under Sections 294(b), 324 and 506 (ii) I.P.C. only.

3. Taking note of the said fact, 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 - Pappireddippatti, 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/- 15/06/2022 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, PAPPIREDDIPPATTI.

2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, A.PALIPATTI POLICE STATION, DHARMAPURI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S J.BHARATHI RAJA Advocate on payment of necessary charges SR.No.9175 CRL OP.13744/2022 Date :15/06/2022 CSK 20/06/2022