Wilson @ Vincent v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Wilson @ Vincent ... Petitioner/Accused Vs State represented by The Inspector of Police, Kalliyakkavilai Police Station, Kanyakumari District.
Crime No. 421 of 2020.
... Respondent/Complainant For Petitioner : Mr.H.Elango, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.421 of 2020 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 offences punishable under Sections 447, 294(b), 324 and 506(ii) of IPC, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused said to have trespassed into the de-facto complainant's house and attacked him with iron rod and also caused injuries. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. Due to some personal motive, the de-facto complainant gave a false complaint against this petitioner.
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4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the de-facto complainant is a practising Advocate and he was assaulted by the accused persons. He would further submit that the petitioner is having four previous cases, out of which, one case was acquitted. He would further submit that the injured has been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was also discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: 6.
Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Nagercoil, on condition that the petitioner shall execute a bond for a sum of Rs.
(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 as and when required for interrogation.
(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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/02/2021 / 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.I, NAGERCOIL.
2.-DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3.THE INSPECTOR OF POLICE, KALLIYAKKAVILAI POLICE STATION, KANYAKUMARI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to Mr.H.ELANGO, Advocate ( SR-885[I] dated 11/02/2021 )
ORDER
IN CRL OP(MD) No.1930 of 2021 Date :10/02/2021 sji AE/JC/SAR-III (17/02/2021) 3P / 6C 3/3