Sathiya Seelan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.11938 of 2022 SATHIYA SEELAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE POOMBUKAR POLICE STATION, MAYILADUTHURAI DISTRICT.

CRIME NO.NOT KNOWN OF 2022.

For Petitioner : M/S.A.VENKATESAN Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor, PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 506(ii), 294(b) of IPC in Crime No.Not known of 2022, seeks anticipatory bail.

2. The case of the prosecution is that due to political motive, the petitioner abused the defacto complainant and threatened him with knife. Hence, the complaint.

3. The learned Additional Public Prosecutor would submit that on the complaint given by the defacto complaint, FIR has been registered against the petitioner in Crime No.57 of 2022 under Sections 294(b) and 506(i) of IPC.

4. It is seen that due to political motive, the petitioner abused the defacto complainant, who is the village panchayat President, and also threatened him with dire consequences. Further, it is seen that during the occurrence, no one was injured.

5. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner in Crime No.57 of 2022 on the file of the respondent police registered for the offences under Sections 294(b) and 506(i) of IPC. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate at Sirkali 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 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: [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 a.m. for a period of two weeks and thereafter as and when required for interrogation.

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

-sd/- 19/05/2022 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.

TO 1 THE JUDICIAL MAGISTRATE, SIRKALI, NAGAPATTINAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE POOMBUKAR POLICE STATION, MAYILADUTHURAI DISTRICT.

+1 CC to M/S.A.VENKATESAN Advocate on payment of necessary charges SR.NO.7274 CRL OP.11938/2022 Date :19/05/2022 TA-24/05/2022