Y.Vinoth Walter v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.25767 of 2021 1.Y.Vinoth Walter 2.L.Ganesh ... Petitioners Vs.
State Rep by, The Inspector of Police, K.V.Kuppam Police Station, Vellore District.
(Crime No.349 of 2021) ...Respondent PRAYER: Criminal Original Petition has been filed under Section 438 of Cr.P.C prayed to enlarge the petitioners on bail, in the event of his arrest by the respondent police in the case pending investigation in Crime No.349 of 2021, on the file of the respondent police. For Petitioners : Mr.Arvind Athithan for Mr.S.Thirugnanam For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 147, 148, 294(B), 323, 307 of IPC, in Crime No.349 of 2021, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that A1 developed illegal intimacy with the daughter of the defacto complainant. Due to which, the there was wordy quarrel between the petitioners and the defacto complainant, out of which the petitioners stabbed the defacto complainant using knife thereby sustained severe injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioners would submit that the petitioners has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. The
learned counsel, on instructions, would further submit that the petitioners, without prejudice to his rights, is ready to deposit the amount of Rs.20,000/-each to the credit of the crime number. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Additional Public Prosecutor opposed for grant of anticipatory bail to the petitioners stating that out of the alleged occurrence the defacto complainant sustained grievous injuries. 5.Considering the facts and circumstances of the case and also considering that the petitioners are ready to deposit the said amount, this Court is inclined to grant anticipatory bail to the petitioners with the following conditions.
6. Accordingly, the petitioners are directed to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the Judicial Magistrate Court at Katpadi on condition that the petitioners 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 shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each to the credit of Crime No.349 of 2021 within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier before the Judicial Magistrate Court at Katpadi On such deposit being made, the learned Magistrate, shall obtain an affidavit of undertaking from the defacto complainant stating that in the event of the petitioners succeeding the case, the amount of Rs.20,000/- each deposited by the petitioners to the credit of Crime No.349 of 2021 will be returned to the petitioners and after obtaining such affidavit of undertaking from the defacto complainant, shall disburse the said amount to the defacto complainant within a period of two weeks thereafter;
(b)the petitioners 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 petitioners shall report before the respondent police on every Tuesday 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/- 10/01/2022 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, KATPADI, VELLORE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT. [FOR INFORMATION] 3 THE INSEPCTOR OF POLICE, K.V.KUPPAM POLICE STATION, VELLORE DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S S.THIRUGNANAM Advocate on payment of necessary charges SR.NO.438 CRL OP.25767/2021 Date :10/01/2022 RW 20/01/2022