Vaali@Suyambulingam v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Vaali @ Suyambulingam ... Petitioner/Accused No.2 Vs The State rep.by its The Sub Inspector of Police, Kottar Police Station, Kanyakumari District.

Crime No.1002/2020.

... Respondent/Complainant For Petitioner : Mr.N.Dilip Kumar, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Crime No.1002 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 307, 341, 506(ii) IPC Crime No.1002 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that there is previous enmity between the accused persons and the defacto complainant with regard to the running of tea shop in Bus Stand. Due to which, the accused persons abused the defacto complainant in filthy language and attempted to attack him with aruval. Hence, the present complaint. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that A1 in this case 1/3

was granted with anticipatory bail by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl. Side), appearing for the respondent police submitted that the petitioner is having eight previous cases including three murder cases. Hence, he opposed to grant anticipatory bail to the petitioner.

5.Considering the above facts and circumstances of the case and considering the fact that the co-accused was granted with anticipatory bail, 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 his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Nagercoil, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioners 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 appear before the respondent Police daily twice Morning at 10.30 a.m., and Evening at 05.30 p.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]; and; (f)if the accused/petitioner thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 25/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3.THE SUB INSPECTOR OF POLICE, KOTTAR POLICE STATION, KANYAKUMARI DISTRICT.

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

+1 CC to Mr.N.DILIPKUMAR, Advocate ( SR-503[I] dated 27/01/2021 )

ORDER

IN CRL OP(MD) No.1039 of 2021 Date :25/01/2021 GNS AE/KV/SAR-I (01/02/2021) 3P / 6C 3/3