T.Vinothkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2021

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23492 of 2021 T.Vinothkumar .. Petitioner Vs.

The State Rep.by The Inspector of Police Perunagar Police Station Kancheepuram District.

Crime No.608 of 2021

...Respondent

Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.608 of 2021, on the file of the respondent police.

For Petitioner : Mr.G.Punniakoti For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)

ORDER

The petitioner who apprehends arrest for the alleged offence under Sections 294(b), 323, 324, 341 and 506 (ii) of IPC in Cr.No.608 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner lodged a complaint before the respondent police stated that petitioner assaulted the defacato complainant and abused him with filthy languages and threatened him with dire consequences. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he is falsely implicated in this case. However, on instructions, the learned counsel further submitted that the petitioner, on his own volition, is ready and willing to contribute a sum of Rs.5000/- to the credit of the Tamil Nadu State Legal Services

Authority, A.D.R Building, North Fort Road, High Court Campus, Chennai, that may be imposed by this Court Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) submits that out of wordy quarrel, petitioner assaulted the defacto complainant and abused him with filthy language and he further submits that injured was discharged from hospital. Hence, he opposed for granting anticipatory bail to the petitioner.

5. .Taking into consideration the facts and circumstances of the case and also of the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on anticipatory 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 District-Munsif-Cum-Judicial Magistrate, Uthiramerur, on condition that the petitioner shall execute separate bonds 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 petitioner is directed to deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Registered Tamil Nadu State Legal Services Authority, A.D.R Building, North Fort Road, High Court Campus, Chennai, within a period of two weeks from the date of receipt of a copy of this order and shall produce the said receipt before the Court below.

(b)the petitioner 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;

(c)the petitioner shall report before the respondent police on every Sunday at 10.30 a.m., until further orders; (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 petitioners released on anticipatory 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/- 17/12/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, UTHIRAMERUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERUNAGAR POLICE STATION, KANCHEEPURAM DISTRICT.

4 THE REGISTERED TAMIL NADU STATE LEGAL SERVICES AUTHORITY, A.D.R.BUILDING, NORTH FORT ROAD, HIGH COURT CAMPUS, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S G.PUNNIAKOTI Advocate on payment of necessary charges SR.NO.14998 CRL OP.23492/2021 Date :17/12/2021 CSK 23/12/2021