Vinothkannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Vinothkannan ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Embal Police Station, Pudukottai District.
(Crime No.1 of 2023).
... Respondent/Complainant For Petitioner : M/s.Arun Prasad.A For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2023 on the file of the respondent police, ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 341, 427, 294(b), 323, 506(ii) I.P.C, in Crime No.01 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution as per the defacto complainant is that due to family dispute, the accused has waylaid and assaulted the defacto complainant and abused with filthy language, caused damages and also criminally intimidated him. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and a false complaint has been foisted against him, due to family dispute. The injured has been discharged from the hospital. However, the petitioner without prejudice to 1/3
his rights and defence, to show his bona fides, is ready to deposit a sum of Rs.Rs.5,000/- (Rupees Five Thousand Only) to the credit of Crime Number. Hence, prays to release the petitioner on anticipatory bail.
4.The learned Government Advocate (Crl.Side) submitted that due to family dispute, the petitioner has abused, assaulted and caused damages to the tune of Rs.5,000/-. Hence, prays to dismiss the petition.
5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the nature of dispute between the parties and also considering the readiness and willingness of the petitioner to deposit amount to the credit of the Crime Number, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.
7.Accordingly, the petitioner shall deposit a sum of Rs.Rs.5,000/- (Rupees Five Thousand Only) to the credit of Crime Number 1 of 2023, without prejudice to his rights and contentions before the trial Court. However, it is made clear that in view of the deposit being made by the petitioner, it would not amount to admission of guilt by him.
8.On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumayam, 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 everyday at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with the 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 2/3
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;
[f] if the accused/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 20/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE THIRUMAYAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT. 3 THE INSPECTOR OF POLICE EMBAL POLICE STATION, PUDUKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.368 of 2023 Date :20/01/2023 SS/BUC/SAR IV/30/01/2023/ 3P 5C 3/3