Ragu @ Raghu v. State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirtieth day of June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.14973 of 2022 1 RAGU @ RAGHU [ PETITIONERS / ACCUSED ] 2 RAMAMOORTHY 3 KUMARAN @ KUMARAVEL 4 ABRAKHAN @ ABIRAKAM 5 VIJAY 6 AJAY 7 SASI @ SASIKUMAR Vs STATE REP BY INSPECTOR OF POLICE [ RESPONDENT ] PANAMADANGI POLICE STATION, VELLORE DISTRICT.

CR.NO.223/2020 For Petitioner : M/S. S.PAULGNANAMUTHU Advocate For Respondent : MR.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, 294(b), 323, 324, 506(ii) and 307 of IPC, in Crime No.223 of 2020, seeks anticipatory bail.

2. The case of the prosecution is that there was a wordy quarrel between the petitioners and the defacto complainant. It is also alleged that the petitioners have assaulted the defacto complainant with deadly weapons, due to which the victim sustained head injury. Hence, the complaint.

3. The learned counsel for the petitioners would submit that already the petitioners were granted anticipatory bail by this Court on 14.07.2020. However, the petitioners were unable to execute the sureties within the time stipulated by this Court. Therefore, the petitioners have again filed the present petition seeking for anticipatory bail.

4. The learned Additional Public Prosecutor admitted that the petitioners were earlier granted anticipatory bail by this Court. However, the petitioners have not executed the sureties as directed by Court.

5. Considering the above fact and circumstances of the case, 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 Judicial Magistrate Court, Katpadi, Vellore, on condition that each of the petitioners 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, 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 shall report before the respondent police every day at 10.30 a.m., for a period of two weeks and thereafter report before the respondent police every Monday at 10.30 a.m., until further orders.

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

[d] the petitioners 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 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 30/06/2022 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, KATPADI, VELLORE 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE(FOR INFORMATION) 3 INSPECTOR OF POLICE, PANAMADANGI POLICE STATION, VELLORE DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. S.PAULGNANAMUTHU Advocate on payment of necessary charges Sr.10411 CRL OP.14973/2022 Date :30/06/2022 RVR 06/07/2022