S.Isakimuthu Pandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023 PRESENT THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Isakimuthu Pandian

...Petitioner/Accused

-vsThe State represented by The Inspector of Police, Sengottai Police Station, Tirunelveli District.

(*)(in Cr.No.352 of 2022)

...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 his arrest by the respondent Police with respect to (*)Cr.No.352 of 2022.

For Petitioner : Mr.S.Malaikani 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), 323 and 506(ii) of IPC in (*)Crime No.352 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant, is that due to a quarrel regarding non payment of cost in a parotta stall, the petitioner along with other accused have abused the defacto complainant in filthy language and also assaulted him resulting in him sustaining injuries and also criminally intimidated him. Hence, the case.

3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and a false complaint has been given. He would also submit that the petitioner has not committed any offence as alleged by the prosecution and the petitioner is ready to abide by any stringent conditions, that may be imposed on him. He would seek for anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.side) would submit that due to a quarrel regarding non payment of cost in a parotta stall, the petitioner along with other accused have abused the defacto complainant in filthy language and also assaulted him 1/3

resulting in him sustaining injuries and also criminally intimidated him He would oppose for grant of anticipatory bail to the petitioner.

5.Taking into consideration the facts and submissions and also on perusing the materials available on record including the F.I.R., 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 his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Sengottai, Tirunelveli, 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 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/- 23/01/2023 (*)AMENDED AS PER THE ORDER OF THIS COURT DATED 13/02/2023 IN CRL MP(MD) No.2475 of 2023 IN CRL OP(MD) No.741 of 2023.

FURTHER TIME TO SURRENDER IS EXTENDED BY TWO WEEKS FROM THE DATE OF RECEIPT OF A COPY OF THIS ORDER.

/ TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO TO BE SUBSTITUTED WITH THE ORDER DATED 23/01/2023 ALREAY DESPATCHED 1 THE JUDICIAL MAGISTRATE, SENGOTTAI, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE SENGOTTAI STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.MALAIKANI S , Advocate ( SR-981[I] dated 23/01/2023 )

ORDER

IN CRL OP(MD) No.741 of 2023 Date :23/01/2023 SS/SSS/SAR II/30/01/2023/ 3P 6C SS/SBN/SAR II/23/02/2023/ 3P 6C 3/3