Karthick @ Karthikeyan v. The State By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twentieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13854 of 2022 1 KARTHICK @ KARTHIKEYAN [ PETITIONERS / ACCUSED ] 2 BALARAMAN 3 BASKER @ BASKARAN 4 NARAYANAN 5 MOORTHI @ KRISHNAMOORTHY 6 VEERASAMY 7 LATHA 8 SUBRAMANI 9 RAJADURAI 10 MUNIYAN Vs THE STATE BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, VETTAVALAM POLICE STATION, THIRUVANNAMALAI DISTRICT CRIME NO.147 OF 2022.

For Petitioner : M/S.S.SILAMBUSELVAN Advocate For Respondent : M/S.A.DAMODARAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 170, 294(b), 323, 324, 342, 365, 384, 506(ii) of IPC in Crime No. 147 of 2022, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are the adjacent land owners of the defacto complainant and in fetching water from the Well, there was a dispute between the petitioners and the defacto complainant, as a result of which, A1 attacked the defacto complainant and caused injuries to him. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Therefore, he prays for grant anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor would submit that there are totally 10 accused involved in this case. The petitioners are arrayed as A1 to A10. Further, he would submit that there was a dispute for fetching water from the Well, due to which, A1 attacked the defacto complainant and caused injuries to him. He would also submit that the injured has been discharged from the hospital on 22.05.2022.

5. Considering the above fact and circumstances of the case and also considering the fact that the victim discharged from the hospital on 22.05.2022, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.

Accordingly, the petitioners are ordered to be released on bail in the event of 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.II, Tiruvannamalai, on condition that the petitioners shall execute a separate 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 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 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 1 to 6 and 8 to 10 shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. [c] the 7th petitioner shall report before the respondent police as and when required for interrogation.

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

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

-sd/- 20/06/2022 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.II, THIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI DISTRICT. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VETTAVALAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO. 9588 CRL OP.13854/2022 Date :20/06/2022 RW-23/06/2022