Suresh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SURESH ... PETITIONER/SOLE ACCUSED Vs THE INSPECTOR OF POLICE AUNDIPATTI POLICE STATION, THENI DISTRICT.
CRIME NO.483 OF 2023.
... RESPONDENT/COMPLAINANT For Petitioner : Mr.T.EASHWAR 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.483 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the 1/5
respondent police for the alleged offence under Sections 447, 294(b) and 506(ii) of IPC, in Crime No.483 of 2023, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner entered into the de-facto complainant's Oil Mill and abused him in filthy language and also threatened him with dire consequences by showing aruval. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. side) submitted that no one has sustained injury in the said occurrence and the investigation is pending. However, he strongly opposed to grant anticipatory bail to the petitioner. 5.
Considering the facts and circumstances of the case and also considering the fact that no serious allegation is made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.
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; (c)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;
(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 3/5
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/- 08/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI TO 1 THE JUDICIAL MAGISTRATE, AUNDIPATTI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE AUNDIPATTI POLICE STATION, THENI DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :08/01/2024 SA/VR/SAR. /10.01.2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5