Abul Hasan Sathali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI ABUL HASAN SATHALI ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE PERIYAKULAM POLICE STATION, THENI DISTRICT.

CRIME NO.381 OF 2023. ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.RAMANUJAM, Advocate for M/S.GANDHI ASSOCIATES Advocate For Respondent : MR.SS.MADHAVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.381 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 341, 294(b) and 506(1) IPC in Crime No.381 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that on 26.10.2023, the petitioner intercepted the defacto complainant's bus and quarrelled with the driver and the conductor of the bus. On information, the defacto complainant visited the spot and when he questioned the reason for stopping the bus, the petitioner abused him in filthy language and threatened him with dire consequences. Hence this complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that there is no previous case pending against the petitioner and no one has sustained injury in this case.

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5. Considering the facts and circumstances of the case and the fact that no one has sustained injury in this case, I am inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is granted anticipatory bail and he 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Periyakulam, 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 and on further condition that:

(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b)the sureties shall affix their 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;

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(c)the petitioner shall report before the respondent police as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial; (f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;

sd/- 04/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SSB TO THE JUDICIAL MAGISTRATE, PERIYAKULAM.

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DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

THE INSPECTOR OF POLICE PERIYAKULAM POLICE STATION, THENI DISTRICT.

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

+1 CC to M/s.M/S.GANDHI ASSOCIATES, Advocate ( SR-163[I] dated 04/01/2024 )

ORDER

IN Date :04/01/2024 PKP/DD/SAR- /10.01.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5