Subash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Subash

...Petitioner/Accused No.1

-vsThe State represented by The Inspector of Police, Mukkudal Police Station, TirunelveliDistrict.

(in Cr.No. 2 of 2023)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of her arrest by the respondent Police with respect to Cr.No. 02 of 2023.

For Petitioner : Mr.S.Sathya Chidambaram, Advocate For Respondent : Mr.M.Veeranthiran Government Advocate (Crl.side) ****

O R D E R

The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 352 and 506(ii) IPC in Crime No.02 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant, is that there was some wordy altercation between the first accused and the defacto complainant on account of conducting Kabadi Tournament, due to which, on 02.01.2023, the first accused along with other accused attacked the defacto complainant and threatened with dire consequences. Hence, the complaint. 3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and due to previous enmity due to Kabadi tournament, a false complaint has been given. He would also submit that the petitioner would abide by any condition imposed by this Court and he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) would submit that due to previous enmity in conducting Kabadi Tournament, the accused 1/3

attacked the defacto complainant. He would also submit that the arrested accused have been released on bail and no previous case is pending against the petitioner.

5.Taking into consideration the facts and circumstances of the case and considering the fact that the petitioner has no bad antecedent, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, 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 am until further orders.

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

sd/- 12/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELIDISTRICT.

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

ORDER

IN CRL OP(MD) No.357 of 2023 Date :12/01/2023 RK/BUC/SAR-2 (27/01/2023) 3P/5C 3/3