Ravikumar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Second day of November Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20806 of 2021 1 RAVIKUMAR [ PETITIONERS / ACCUSED ] 2 RAJESH Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, KANIYUR POLICE STATION, TIRUPPUR DISTRICT CRIME NO.377/2021 For Petitioner : M/S.B.KUMARASAMY Advocate For Respondent : MR. 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 at the hands of the respondent police for the alleged offence under Sections 294(b), 323 & 506(ii) of I.P.C in Cr.No.377 of 2021, seeks anticipatory bail. 2.
The case of the prosecution is that due to previous enmity between the petitioners and the De-facto Complainant, a wordy quarrel arose between them at that time, the petitioners have assaulted the De-facto Complainant which resulted in the registration of FIR. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that there is a case in counter. Hence he prays for grant of anticipatory bail.
4.The learned Government Advocate (Crl.Side) submitted that the investigation is pending in this case and that no one sustained injuries in the dispute between the parties.
5. Considering the facts and circumstances of the case and that in the quarrel none of them sustained any injuries, this court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are granted anticipatory bail and they 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, Madathukulam, 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) if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b) 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; (c) the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) the petitioners 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 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;
(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 02/11/2021 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, MADATHUKULAM.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR DISTRICT. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KANIYUR POLICE STATION, TIRUPPUR DISTRICT.
+1 CC to M/S.B.KUMARASAMY Advocate on payment of necessary charges SR.NO.12402 CRL OP.20806/2021 Date :02/11/2021 RW 16/11/2021