IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Monday, the Twenty Eighth day of March Two Thousand Twenty Two

PRESENT

The Hon`ble Dr Justice G. JAYACHANDRAN

CRIMINAL ORIGINAL PETITION No.6774 of 2022

1 KUMARESAN [ PETITIONERS / ACCUSED ]

2 DINESH

3 DEEPAK

4 KARTHICK

Vs

1 THE INSPECTOR OF POLICE [ RESPONDENT ]

B-6, MAPPEDU POLICE STATION,

THIRUVALLUR DISTRICT.

(CRIME NO.57 OF 2022)

For Petitioner : M/S.K.ELUMALAI Advocate

For Respondent : MR.S.SANTHOSH, Govt. Advocate ( Crl. Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioners, who apprehend arrest for the alleged offence

under Sections 294(b), 323, 324 and 506(ii) of IPC in Crime No.57 of

2022, on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned

Government Advocate (Crl. Side).

3. The First Information Report dated 19.03.2021 in Crime No. 57

of 2022 and the Accident Register of the Injured person are perused.

4. The learned Counsel for the petitioner would state that it is

a case and case in counter, wherein the complaint has been received

from the petitioners herein against the defacto complainant (one

Madhanagopal) and the same is registered in Crime No. 58 of 2022.

4. Considering the fact that due to illegal mining, the dispute

has arise between the two groups, belongs to two different political

parties, leading to causing simple injuries to the defacto complainant

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

and further considering the nature of the injuries, this Court is

inclined to grant anticipatory bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on

bail in the event of arrest or on his appearance, within a period of

seven days from the date of receipt of a copy of this order, before

the learned Judicial Magistrate Court-II, Thiruvallur, on condition

that the petitioners shall execute seperate bond for a sum of

Rs.25,000/- each (Rupees Twenty Five Thousand Only) each, 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 and the sureties shall affix his 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;

(b)the petitioners shall not tamper with evidence or witness

either during investigation or trial;

(c)the petitioners shall report before the Avadi Town Police

Station daily at 10.30.a.m., until further orders.

(d)the petitioners 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 petitioners in accordance with law as if the conditions has 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;

(f) if the accused thereafter absconds, a fresh FIR can be

registered under Section 229-A IPC.

-sd/-

28/03/2022

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.

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

TO

1 THE JUDICIAL MAGISTRATE-II,

THIRUVALLUR.

2 THE CHIEF JUDICIAL MAG