Krishna Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.5404 of 2020 Krishna Kumar, ... Petitioner/Sole Accused Vs The State Rep. By The Inspector of Police, Nainarkovil Police Station, Ramanathapuram District (Crime No.47 of 2020).

... Respondent/Complainant For Petitioner : M/s.R.Anand, Advocate.

For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.47 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections294(b), 324 and 307 of I.P.C., in Crime No. 47 of 2020 on the file of the respondent police, seeks anticipatory bail.

3.Due to sudden quarrel, this petitioner alleged to have attacked the defacto complainant and his father. The Accident Register certificate indicates that the injuries sustained by the defacto complainant and his father are simple in nature and they are 1/3

discharged from the hospital.

4.In the said circumstances, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 5.Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Paramakudi, Ramanathapuram District, and on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that, [a] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 29/05/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICAIL MAGISTRATE PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM 3 THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMANATHAPURAM DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :29/05/2020 PD/JC/SAR 2/01.06.2020/3P/5C 3/3