Senthil @ Senthilkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 SENTHIL @ SENTHILKUMAR 2 BALAJI 3 MARIYAMMAL ... PETITIONERS/ACCUSED 2 TO 4 Vs THE INSPECTOR OF POLICE NACHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.
CR.NO.671/2023 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.L.DHILIPAN PANDIAN, Advocate For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:- FOR ANTICIPATORY BAIL IN CR.NO.671/2023 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioners/A2 to A4, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 195(A) and 506(ii) of IPC, in Cr.No.671 of 1/5
2023, seek anticipatory bail.
2.The case of the prosecution is that A1 was involved in a murder case and when such a case was in progress, A1 and the petitioners threatened the witnesses. Thereby, the defacto complainant made a complaint against the petitioners. Hence, the present case.
3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and A1 was already released on bail by the trial Court. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. side) submitted that the petitioners and A1 joined together and threatened the witnesses and hence, he strongly opposed to grant anticipatory bail to the petitioners. 5.Considering the facts and circumstances of the case and also considering the fact that A1 was already released on bail by the trial Court, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Kumbakonam, Thanjavur District, on 2/5
condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners 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 petitioners 1 and 2 shall report before the respondent police daily at 10.30 a.m. and 05.00 p.m., till the disposal of the criminal case; and the third petitioner shall report before the Inspector of Police, All Women Police Station, Kumbakonam Taluk, Thanjavur District, daily at 05.00 p.m., till the disposal of the criminal case; (d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners 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 petitioners in accordance with 3/5
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; (g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 30/01/2024 / TRUE COPY / /02/2024 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, KUMBAKONAM, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE NACHIYARKOIL POLICE STATION, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KUMBAKONAM TALUK, THANJAVUR DISTRICT 4/5
+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-1179[I] dated 30/01/2024 )
ORDER
IN Date :30/01/2024 SA/JGB/SAR. /05.02.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5