C.K.Nandhakumar v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.17107 of 2020 C.K.Nandhakumar ... Petitioner/Accused Vs.

The State represented by, The Inspector of Police, Perundurai Police Station.

(Crime No.742 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 438 Cr.P.C. to enlarge the petitioner on anticipatory bail in the event of his arrest by the respondent police in Crime No. 742 of 2020, on the file of the respondent police.

For Petitioner : Mr.N.Manokaran For Respondent : Mr.M.Mohamed Riyaz Additional 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 offence punishable under Sections 294(b), 323 & 506(i) of IPC, in Crime No. 742 of 2020, on the file of the respondent, seeks anticipatory bail.

The case of the prosecution as per the defacto complainant viz., Chandrasekar is that on 17.10.2020, while, the defacto complainant was going along road, the petitioner has waylaid him, abused him in filthy language, assaulted him and had also kicked him. Thereby, the defacto complainant has sustained injuries. Hence, the complaint.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and a false complaint has been foisted against him. He would submit that in fact the defacto complainant has assaulted the petitioner on 17.10.2020 and on a complaint given by the petitioner, a case was registered in Crime No.737 of 2020 against the defacto complainant. Hence, he prays to grant anticipatory bail to the petitioner.

The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner had waylaid the defacto complainant and had abused him in filthy language and had also assaulted him. He would further submit that the injured has been discharged from the hospital and that there are six previous pending against him in CBCID. Hence, he opposed to grant anticipatory bail to the petitioner.

Taking into consideration the facts and submissions of the learned Counsel and the fact that the victim has been discharged from the hospital and also that there is a case in counter, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions;

Accordingly, the petitioner is directed to be released on bail in the event of his arrest or on his appearance, within a period of fifteen days from the date on which the order copy is made ready, before the learned Judicial Magistrate, Perundurai, on condition that the petitioner shall execute a separate 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 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.

[b] the petitioner shall report before the respondent police every day at 10.30 a.m., until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

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

-sd/- 02/11/2020 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, PERUNDURAI.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, PERUNDURAI POLICE STATION.

+1 CC to M/S. N.MANOKARAN Advocate on payment of necessary charges SR.No.7188 CRL OP.17107/2020 Date :02/11/2020 cs 06/11/2020