Madhavan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.12.2020 CORAM :

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18903 of 2020 Madhavan ... Petitioner Vs.

The State Rep. by ... Respondent The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.

(Crime No.2956 of 2020) PRAYER: Criminal Original Petition is filed under Section 438 of Criminal Procedure Code to enlarge the petitioner on bail, in the event of his arrest in Crime No.2956 of 2020, on the file of the respondent police.

For Petitioner : Mr.S.Silambuselvan For Respondent : Mr. M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b) and 307 of I.P.C. in Crime No.2956 of 2020, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity there was a dispute between them. The petitioner abused and assaulted the defacto complainant with knife at hand and head and he sustained grievous injuries. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Additional Public Prosecutor would submit that there are totally three accused persons, in which petitioner is arrayed as A2. He would further submit that A1 and A3 are still in custody. He would also submit that due to previous enmity the petitioner abused and attacked the defacto complainant. He would also submit that, the victim has been discharged from the hospital

and there is no previous case as against the petitioner. 5.Taking note of the above facts and circumstances, 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 petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Thiruvannamalai, on condition that the petitioner 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 this Court 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 daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

[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 absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 02/12/2020 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.II THIRUVANNAMALAI.

2 THE CHIEF JUDICIAL , THIRUVANNAMALAI [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUVANNAMALAI TALUK POLICE STATION, THIRUVANAMALAI DISTRICT.

CC to M/S S.SILAMBUSELVAN Advocate on payment of necessary charges CRL OP.18903/2020 Date :02/12/2020 MN-15/12/2020