Vinothkumar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2020

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.21018 of 2020 Vinothkumar .. Petitioner Vs.

The State rep. by The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.

Cr.No.884 of 2020 ..Respondent Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.884 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.M.Jayachandran For Respondent : Mr.M.Mohamed Muzammil Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 147, 148, 323, 324, 506(ii) of IPC and under Section 3 of TNPPDL Act 1959, in Crime No.884 of 2020 on the file of the respondent police, seeks anticipatory bail.

2. Heard both sides.

3. The learned counsel for the petitioner submitted that there is a dispute between the de-facto complainant and the petitioner and in that dispute, this criminal case in Crime No.884 of 2020 came to be registered and also submitted that the co-accused has been arrested and he filed a petition for bail and the same was pending before the trial Court. He would further submit that the petitioner is ready to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) towards the damages of the costs, to the credit of crime No.884 of 2020.

4.The learned Government Advocate (Criminal Side) submitted that petitioner, along with other accused, had visited the hotel, in which the defacto complainant is the Manager of the said hotel and after having food, they refused to pay the bill, damaged the things worth about Rs.20,000/- and also attacked the defacto complainant. He further submitted that the injured has been discharged from the hospital and also the investigation is almost completed.

5. Considering the facts and circumstances of the case and also the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of his 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, Krishnagiri, 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 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 deposit a sum of Rs.5,000/- (Rupees five thousand only) to the credit of Cr.No.884 of 2020 before the Judicial Magistrate No.II, Krishnagiri, within a period of two weeks from the date on which the order copy is made ready. [c] 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.

[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 229A IPC.

-sd/- 30/12/2020 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, KRISHNAGIRI 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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

CC to M/S. M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.21018/2020 Date :30/12/2020 RVR 18/01/2021