Nagarathinam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

1. Nagarathinam

2. Prabhu ... Petitioner/Accused No.1 & 2 Vs The State rep.by, The Inspector of Police, Orathanadu Police Station, Thanjavur District.

Crime No.8 of 2023.. ... Respondent/Complainant For Petitioners : M/s.Balaji A, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.8 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 186, 188, 353 of I.P.C, in Crime No.8 of 2023, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that on 23.12.2022 at about 01.00 p.m., the defacto complainant, who is a Surveyor, went for measuring the property of one Dr.Sakthi Babu, as per the orders of this Court and at that time, the accused persons have threatened to commit suicide by pouring kerosene and prevented him from discharging his official duty. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and a false case was foisted against 1/3

them. The petitioners are not having any bad antecedent. Hence, prays to release them on anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that though the petitioners are not having any bad antecedent, they were prevented the defacto complainant from discharging his official duty, by pouring kerosene and threatened that they would commit suicide. Hence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the fact that the petitioners are not having any bad antecedent, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.

Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Orathanadu, on condition that the petitioners shall execute a bond for a sum of Rs.

(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or bank pass book to ensure their identity;

(b)the petitioners shall report before the respondent Police daily at 10:30 a.m., for a period of two weeks, thereafter, on every Saturday at 10:30 a.m., until further orders; (c)the petitioners shall not tamper with the 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 petitioners in accordance with law, as if the conditions have been imposed and the petitioners 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;

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(f)if the accused/ petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnm TO 1.THE JUDICIAL MAGISTRATE, ORATHANADU.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR.

3.THE INSPECTOR OF POLICE, ORATHANADU POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.A.BALAJI, Advocate ( SR-1154[I] dated 25/01/2023 )

ORDER

IN CRL OP(MD) No.1346 of 2023 Date :24/01/2023 RK/MMS/SAR-2 (04/02/2023) 3P/6C 3/3