Narendrakumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.19925 of 2021 1 NARENDRAKUMAR [ PETITIONERS / ACCUSED ] 2 CHINNA KUZHANTHAI @ CHINNA PONNU 3 ANBARASAN 4 KUMARASAMY Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VANDAVASI NORTH POLICE STATION, THIRUVANNAMALAI DISTRICT.
CRIME NO.439/2021 For Petitioner : M/S. V.R.APPASWAMEE Advocate For Respondent : M/S. C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offences under Section 294(b), 427, 506 (I) of IPC, in Crime No. 439 of 2021, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners and the defacto complainant are neighbours. There was a dispute with regard to the construction of pathway, due to which they attacked each other. Thereby the defacto complainant sustained injuries. Hence the complaint was registered by the Law Enforcing Agency. 3.
The learned counsel appearing for the petitioners submit that the petitioners did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that there was a case in counter. Hence he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.
injured discharge from the hospital. However, he opposed grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also taking note of the fact that the injured discharged from the hospital, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Vandavasi 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) the petitioners and the sureties shall affix his 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 petitioners shall report before the respondent police 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/- 26/10/2021 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, VANDAVASI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VANDAVASI NORTH POLICE STATION, THIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. V.R.APPASWAMEE Advocate on payment of necessary charges SR.No.11788 CRL OP.19925/2021 Date :26/10/2021 APN 15/11/2021