Parthasarathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI PARTHASARATHY ... PETITIONER/ACCUSED RANK NO.NOT KNOWN Vs THE INSPECTOR OF POLICE VELLIYANAI POLICE STATION, KARUR CRIME NO.390/2023 ... RESPONDENT/COMPLAINANT For Petitioner :

MR.B.SEKAR, Advocate For Respondent :

MR.P.KOTTAICHAMY, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.390/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 147, 294(b), 323, 427 and 506(2) of IPC, in Crime No.390 of 2023, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 09.12.2023 at about 2.45 hours the petitioner parked his four wheeler vehicle infront of the defacto complainant's tea shop. When the same was questioned by the defacto complainant, he was scolded in 1/4

filthy language. So, the defacto complainant took and withheld the key of the vehicle. On the same day at 6.30 hours, the petitioners along with four persons came to the defacto complainant's shop, attacked him and damaged the bottles kept in the shop. After that, the defacto complainant found that his five sovereigns of gold chain and Rs.2,13,000/- were missing. Hence, the case.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the co-accused have already been granted anticipatory bail by this Court with condition to deposit Rs.10,000/- to the defacto complainant by way of demand draft. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. side) submitted that investigation is pending and hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the facts that the co-accused have already been granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, this Criminal Original Petition is ordered and 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 of receipt of a copy of this order, before the 2/4

learned Judicial Magistrate No.II, Karur, 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 as and when required for interrogation;

(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 3/4

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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. 3 THE INSPECTOR OF POLICE, VELLIYANAI POLICE STATION, KARUR.

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

ORDER IN Date :22/01/2024 RS/JGB/SAR-(30.01.2024) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4