Poongavanam, Aged 45 Years, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fifth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL ORIGINAL PETITION No.17119 of 2018 POONGAVANAM [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

CR.NO. 276 OF 2018 For Petitioner : M/S.E.KANNADASAN Advocate For Respondent : MR.M.MOHAMED RIYAZ, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294-B, 323, 324 and 506(i) of IPC in Crime No.276 of 2018, seeks anticipatory bail.

2. Heard both sides.

3. It is the case of the prosecution that there arose a quarrel between the petitioner and the de facto complainant, in which, the de facto complainant was attacked by the petitioner.

4. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case and therefore, he prays for grant of anticipatory bail to the petitioner.

5. Learned Additional Public Prosecutor submits that the injured was discharged from the hospital and that the petitioner has no previous case against him.

6. Taking into consideration the nature of allegations in the FIR and the fact that the injured was discharged from the hospital, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioner.

7. 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 of receipt of a copy of this order, before the District cum Judicial Magistrate, Uthangarai, 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 the learned Magistrate concerned and on further condition that: [a] if the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

[b] 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.

[c] the petitioner shall report before the respondent police daily at 6.30 p.m. for a period of two weeks. [d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner shall not abscond either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 05/07/2018 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, UTHANGARAI.

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

4 THE INSPECTOR OF POLICE, UTHANGARAI POLICE STATION, KRISHNAGIRI DISTRICT.

+1CC to M/S.E.KANNADASAN Advocate on payment of necessary charges SR NO.12370 CRL OP.17119/2018 Date :05/07/2018 MK:09/07/2018