Renganathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twelfth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice SATHI KUMAR SUKUMARA KURUP CRIMINAL ORIGINAL PETITION No.19368 of 2021 1 RENGANATHAN [ PETITIONERS / ACCUSED ] 2 SUMATHI Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, KARUVEEPILANKURICHI POLICE STATION, CUDDALORE DISTRICT.

CRIME NO.445 OF 2021.

For Petitioners : M/S.M.SENTHILKUMAR Advocate For Respondent : MR. L.BASKARAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b), 323 and 506(i) of I.P.C in Crime No.445 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant and the petitioners are neighbours and due to wordy quarrel, the petitioners have attacked the defacto complainant using hands and water pipe. Hence, the complaint.

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and that they have not committed any offence as alleged by the prosecution. Accordingly prays for anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submits that the petitioners and the defacto complainants are neighbours, due to wordy quarrel, they have jointly attacked the defacto complainant with the

wooden log. He would further submit that there is no previous cases pending against the petitioners. Hence, the learned counsel prays the for grant of anticipatory bail to the petitioners. 5.Considering the fact that there is no previous cases pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No-II, Virudhachalam, Cuddalore District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 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 Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the first petitioner shall report before the respondent police daily at 10:30 a.m until further orders and the second petitioner shall report before the Investigating Officer as and when summoned.

(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/- 12/10/2021 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, NO.II, VIRUDHACHALAM, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION].

3 THE STATION HOUSE OFFICER, KARUVEEPILANKURICHI POLICE STATION, CUDDALORE DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.SENTHILKUMAR Advocate on payment of necessary charges SR.NO.11410 CRL OP.19368/2021 Date :12/10/2021 JPA 18/10/2021