Sathis Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/12/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Sathis Kumar ... Petitioner/Accused No.2 Vs The State Rep.by The Inspector of Police, Samayanallur Police Station, Madurai District. Crime No.229 of 2022..

... Respondent/Complainant For Petitioner : M/s.Vinothkumar B, Advocate.

For Respondent : Mr.M. Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.229 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 379 (NP) and 506(2) IPC in Cr.No.229 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that due to wordy quarrel, the petitioner herein and other accused have attacked the defacto complainant with stones and also taken a sum of Rs.19,000/- from him and also abused the defacto complainant in filthy language and Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as 1/3

alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Government Advocate(Crl.Side) would submit that the injured was discharged from the hospital and there is no previous case against the petitioner and the co-accused have already been released on bail. He would further submit that the investigation of the case is pending and hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and that there is no previous case against the petitioner and that the co-accused have already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vadipatti 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions 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 report before the respondent police daily at 10.30 am until further orders.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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]; and;

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/12/2022 / TRUE COPY / /12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Judicial Magistrate, Vadipatti.

2. -do-Through The Chief Judicial Magistrate, Madurai.

3. The Inspector of Police, Samayanallur Police Station, Madurai District. Crime No.229 of 2022..

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.B.VINOTH KUMAR, Advocate ( SR-14295[I] dated 02/12/2022 )

ORDER

IN CRL OP(MD) No.21242 of 2022 Date :01/12/2022 RD/BUC/SAR-I(08/12/2022) 3P 6C 3/3