Abilash v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.09.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14263 of 2020 Abilash .... Petitioner Vs.

State rep. by its The Inspector of Police, Saibaba Colony Police Station, Coimbatore District.

(Cr.No.972 of 2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail in the event of his arrest pending investigation in Crime No.972 of 2019 on the file of the respondent police.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.Mohammed Riyaz, Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 75(1)(c) of TNCP Act, Sections 324 and 506(ii) of IPC in Crime No.972 of 2019, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant is the uncle of the petitioner. The petitioner is a drug addict and he was taking treatment in a Re-habitation centre from 08.12.2019 to 20.12.2019. On 20.12.2019, when the defacto complainant and petitioner's mother were talking, a quarrel arose between them. Due to which, the petitioner abused them in filthy language and assaulted the defacto complainant. The defacto complainant sustained injuries and admitted in the hospital. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks to grant bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that the

injured has been discharged from the hospital. He would also submit that there is no previous case pending against the petitioner. However, he opposed for the grant of bail to the petitioner.

5. Taking into consideration the facts and submissions of the learned Counsel and the fact that the victim has been discharged from the hospital and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions; [a] Accordingly, the petitioner is directed to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date on which order copy made ready, before the learned Judicial Magistrate-VII, Coimbatore, on condition that the petitioner shall execute a bond for a sum of Rs.

10,000/- (Rupees ten thousand ony) 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, failing which, the petition for anticipatory bail shall stand dismissed and on futher condition that: [b] the petitioner 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.

[c] the petitioner shall report before the respondent police daily at 10.30a.m., within a period of one week and thereafter, as and when required for interrogation.

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

[e] the petitioner 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 petitioner 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

-sd/- 14/09/2020 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.VII, COIMBATORE 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, SAIBABA COLONY POLICE STATION, COIMBATORE DISTRICT +1 CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges sr No.6248 CRL OP.14263/2020 Date :14/09/2020 RD 21/09/2020