Prabhu Samiyayyah Thennavan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI PRABHU SAMIYAYYAH @ THENNAVAN ... PETITIONER/ ACCUSED 3 Vs THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.

CRIME NO.9 OF 2024.

... RESPONDENT/COMPLAINANT For Petitioner : M/S.W.PAMELIN Advocate For Respondent : MR.SS.MADHVAN,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER: FOR ANTICIPATORY BAIL IN CRIME NO.9 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 448 and 506(i) of IPC in Crime No.9 of 2024, seek anticipatory bail.

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2.The case of the prosecution is that the accused person entered into the bar being let out by the defacto complainant for rent to one K.R.Elangovan and threatening her with dire consequences. Hence, the defacto complainant preferred a complaint before the respondent Police.

3. The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. The petitioner and others occupied the said premises with license with consent of the defacto complainant. The false complaint has been given against the petitioner and others to evict them from the said premises. Hence, he prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing fro the respondent would submit that there is no injured in this case. Hence, he has no objection to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that there in no injured person in this case, I am inclined to grant anticipatory bail 2/5

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 No.II, Kulithalai, Karur 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 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 the period of two weeks and thereafter, he shall appear before the respondent Police as and when required;

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(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/- 11/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( CS-I/ II/ III/ IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1.THE JUDICIAL MAGISTRATE NO.II, KULITHALAI, KARUR DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

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3.THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.W.PAMELIN, Advocate ( SR-609[I] dated 11/01/2024 )

ORDER

IN Date :11/01/2024 RK/DD (22/01/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5