Amsamuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.100 of 2021 Amsamuthu ... Petitioner/Accused No.63 Vs The State rep. by The Inspector of Police, Tenkarai Police Station, Theni District.

Crime No. 252/2019. ... Respondent For Petitioner : Mr.Vishnu.J., Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 252/2019 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as Accused No.63, apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 149, 323, 324, 307, 427, 353 and 332 of IPC r/w 3(1) of TNPPDL Act, in Crime No.252 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with his villagers conducted road roko for the reason that one of the villagers was attacked by the Lakshmipuram Villagers. At that time, the respondent Police charged against the petitioner's villagers and someone stone pelted on the respondent Police and caused injuries. Hence, the present complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution the petitioner is merely a bystander and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner. 5.The learned Government Advocate (Criminal Side) appearing for the respondent Police submitted that on the date of occurrence, someone in the petitioner's village, pelted stone on the respondent Police and caused injuries. Hence, the crime has been registered against the petitioner and others.

6.Considering the facts and circumstances of the case and also considering the fact that due to group clash, the occurrence said to have taken place and there is no other serious allegation levelled against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Periyakulam, Theni, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 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 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; 2/3

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

sd/- 20/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, TENKARAI POLICE STATION, THENI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.100 of 2021 Date :20/01/2021 VSG SRS/KV/SAR-II/29.01.2021/3P/5C 3/3