Suppuraj v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Third day of September Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15926 of 2021 1 SUPPURAJ [ PETITIONERS / ACCUSED ] 2 SATHISH Vs THE STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VELLAKOIL POLICE STATION, TIRUPPUR DISTRICT.
(CRIME NO, 888 OF 2021) For Petitioner : M/S. C.RAMKUMAR Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence punishable under Sections 294(b), 324, 506(ii) IPC in Crime No.888 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that the petitioners have planned to consume alcohol in the defacto complainant's residence, the same was refused by the defacto complainant. In this connection, there was a wordy quarrel between them, the petitioners have abused the defacto complainant in filthy language and attacked him with wooden log and also threatened him with dire consequences. Thereby, the defacto complainant had sustained injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that the injured has been discharged from the hospital. 5.Considering the fact that the injured has been discharged from the hospital and the submissions made by both counsel, this court is inclined to grant anticipatory bail to these petitioners. 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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Kangeyam on condition that each of the petitioners shall execute separate bonds for a sum of Rs.
(b) the petitioners 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 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 03/09/2021 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, KANGEYAM.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VELLAKOIL POLICE STATION, TIRUPPUR DISTRICT.
+1 CC to M/S. C.RAMKUMAR Advocate on payment of necessary charges SR.NO.9501 CRL OP.15926/2021 Date :03/09/2021 RW 17/09/2021