Allowed

S.Shivakumar v. the State Rep by

Madras HC10 Sept 2020CRL OP/13914/2020

Case brief

AI extract

What is this about?

The High Court of Madras considered a Criminal Original Petition seeking anticipatory bail. The petitioners were charged with assault and other offences. The court granted anticipatory bail subject to conditions including executing a bond, reporting daily to police, and refraining from tampering with evidence or absconding.

What did the court decide?

Mandate for release on anticipatory bail pending arrest with conditions for bond execution, daily police reporting, and abstinence from tampering with evidence or absconding.

S.Shivakumar Vs the State Rep by — Anticipatory Bail | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 10.09.2020

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CORAM

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THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.13914 of 2020

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1.S.Shivakumar 2.S.Savish Kumar

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3.Y.Arun Babu ... Petitioners

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Vs.

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The State Rep. by The Inspector of Police Tiruvallur Town Police Station Tiruvallur

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(Crime No.2944 of 2020) ..Respondent

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Prayer: Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of his arrest in Crime No.2944 of 2020 on the file of the respondent police.

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For Petitioners : Mr.S.Kartik

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For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor O R D E R (The case has been heard through video conference)

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The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 341, 323, 324, 307 and 506(ii) of IPC in Crime No.2944 of 2020 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution as per the defacto complainant is that due to wordy quarrel, the petitioners have assaulted him with knife on the head and hand.

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3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and that they have been falsely implicated in this case He would further submit that the victim himself is a rowdy element and it was a case of self protection.

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4.The learned Additional Public Prosecutor would submit that due to wordy quarrel, the petitioners have assaulted the defacto complainant with kinfe on the head and hand. He would further submit that the injured has been discharged and there are no previous cases as against the petitioners. However, he opposed for grant of https://hcservices.ecourts.gov.in/hcservices/ anticipatory bail to the petitioner.

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5.Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsels and also considering the fact that the victim has been discharged from the hospital and there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions:

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a) Accordingly, the petitioners are ordered to be released on bail, in the event of their arrest or on their appearance, within a period of fifteen days from the date of commencement of the Court's normal functioning, before the Judicial Magistrate Court No.1, Tiruvallur, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:

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[b] 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.

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[c] the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

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[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[e] the petitioners shall not abscond either during investigation or trial.

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[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].

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

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With the above directions, this Criminal Original Petition is ordered.

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-sd/-

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10/09/2020

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) https://hcservices.ecourts.gov.in/hcservices/ High Court, Madras - 600 104.

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1 THE JUDICIAL MAGISTRATE, NO.I, TIRUVALLUR

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2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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3 THE INSPECTOR OF POLICE, TIRUVALLUR TOWN POLICE STATION, TIRUVALLUR.

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CC to M/S. S.KARTIK Advocate on payment of necessary charges
CRL OP.13914/2020
Date :10/09/2020
RVR 25/09/2020

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https://hcservices.ecourts.gov.in/hcservices/

S.Shivakumar v. the State Rep by

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S.Shivakumar v. the State Rep by

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