Hari Prasath v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14914 of 2020 1.Hari Prasath 2.Vicky @ Vignesh

3. Naveen .. Petitioners Vs.

The State rep. by The Inspector of Police Sathuvacheri Police Station Vellore District.

Cr.No.1065 of 2020 ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.1065 of 2020 on the file of the respondent police.

For Petitioners : Mr.S.Silambu Selvan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 294(b), 323, 324, 307, 506(ii) of IPC, in Crime No.1065 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de-facto complainant one Surya is that due to previous enmity, the petitioners quarrelled with the de-facto complainant and assaulted him with knife and wooden log and thereby caused injuries to him.

3. The learned counsel for the petitioner would submit that the petitioners are innocents and due to previous enmity, they have been falsely implicated in this case. He would further submit that the arrested accused have been enlarged on bail by the Sessions Court in Crl.M.P No.2991 of 2020 dated 28.08.2020 and 2992 of 2020 dated 31.08.2020.

4. The learned Additional Public Prosecutor would submit that due to previous enmity, the petitioners have assaulted the de-facto complainant with knife and wooden logs and thereby caused injuries on his head and hand. He would further submit that the injured has been discharged from the hospital and there is no previous case pending against the petitioners.

5. Taking into consideration the facts and circumstances of the case and also taking note of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, subject to the following conditions:

a) 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 after lifting of lockdown of the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate No.V, Vellore, on condition that the petitioners shall execute a separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, 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:

[b] 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 petitioners shall report before the respondent police daily at 10.30 a.m until further orders.

[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.

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

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

-sd/- 23/09/2020 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.V, VELLORE.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, SATHUVACHERI POLICE STATION, VELLORE DISTRICT.

CC to M/S. S.SILAMBU SELVAN Advocate on payment of necessary charges CRL OP.14914/2020 Date :23/09/2020 RVR 30/09/2020