CRL OP/25841/2021 of SUDHANKUMAR @ SUDHAN Vs INSPECTOR OF POLICE on 29 December 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENTHI

Crl.O.P.No.25841 of 2021

Sudhan Kumar @ Sudhan

... Petitioner

Versus

The Inspector of Police,Edaiyur Police Station,Tiruvarur District.(Crime No.455 of 2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 438 of the Codeof Criminal Procedure, to enlarge the petitioner on bail in the eventof his arrest in Crime No.455 of 2021 pending investigation on thefile of the respondent police.

For Petitioner : Mr.N.Palanivel

For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor The petitioner, who apprehends arrest at the hands of therespondent police for the alleged offence under Sections 294(b), 324,352 and 506(ii) of IPC, in Crime No.455 of 2021, on the file of therespondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 10.12.2021 at about10.00 p.m., the petitioner at the influence of alcohol threw stone onthe defacto complainant, and when he questioned the same, thepetitioner said to have abused and assaulted him, thereby causedgrievous injury to him. In the said circumstances, the criminal casehas been registered against the petitioner. Now apprehending arrest,the present petition has been filed by the petitioner.

3. The learned counsel appearing for the petitioner submittedthat the petitioner and the defacto complainant are neighbours. Asthere was a quarrel between them for a long period, due to previousenmity, the defacto complainant has lodged the present false

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complaint. The learned counsel would further submit that thepetitioner is an innocent person and he is no way connected with theoffence. He would submit that he has been falsely implicated asaccused in this case. Hence, he prays for grant of anticipatory bail.

4. The learned Additional Public Prosecutor appearing for therespondent submitted that due to a wordy quarrel, the petitioners haveassaulted the defacto complainant with hands and legs, thereby, causedsimple injury to him. He would submit that there is no previous casepending against the petitioner. However, he opposed to grantanticipatory bail to the petitioner.

5. Taking into consideration the fact that on the date ofoccurrence, due to a wordy quarrel between the parties, the petitionersaid to have assaulted the defacto complainant with hands and legs,and no previous case pending against the petitioner, this Court isinclined to grant anticipatory bail to the petitioner, subject to thefollowing conditions.

6. Accordingly, the Criminal Original Petition is allowed. Thepetitioner is ordered to be released on bail in the event of arrest oron his appearance, within a period of fifteen days from the date ofreceipt of a copy of this order, before the learned JudicialMagistrate, Tiruthuraipoondi on condition that the petitioner shallexecute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousandonly) with two sureties for a like sum to the satisfaction of thelearned Magistrate concerned and on further conditions that:

[a] the petitioner and the sureties shall affix their photographsand left thumb impression in the surety bond and the Magistrate mayobtain a copy of their Aadhaar card or bank pass book to ensure theiridentity.

[b] the petitioner shall report before respondent police daily at10.30 a.m. for the period of three weeks.

[c] the petitioner shall not tamper with the evidence or witnesseither during investigation or trial.

[d] the petitioner shall not abscond either during investigationor trial.

[e] On breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate action againstthe petitioner in accordance with law as if the conditions have beenimposed and the petitioner is released on bail by the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[f] If the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC.

-sd/- 29/12/2021

This order, on being produced, be punctually observed and carried intoexecution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO

1 THE JUDICIAL MAGISTRATE,TIRUTHURAIPOONDI.

2 THE CHIEF JUDICIAL MAGISTRATETIRUVARUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICEEDAIYUR POLICE STATION, TIRUVARUR DISTRICT

4 THE PUBLIC PROSECUTORHIGH COURT, MADRAS.

+1 CC to M/S N.PALANIVEL Advocate on payment of necessary chargesSR.NO.15646

CRL OP.25841/2021

Date :29/12/2021

JPA 30/12/2021