Balasubramani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI BALASUBRAMANI ... Petitioner / Accused No.2 Vs THE INSPECTOR OF POLICE SOMARASAMPETTAI POLICE STATION, TRICHY DISTRICT.

(CRIME NO.15/2024.) ... Respondent / Complainant For Petitioner :

M/s.M.Pitchai Muthu, Advocate For Respondent :

Mr.S.Manikandan, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.15 OF 2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 294(b), 323 and 306 of IPC in Crime No.15 of 2024, seek anticipatory bail.

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2.The case of the prosecution is that on 16.01.2024 while playing the song in a temple festival, wordy quarrel arose between the deceased and the first accused, due to which, accused persons went to the deceased's house, assaulted and abused him using filthy language, as the neighbors saw it, on feeling shame, at night, he committed suicide by hanging. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Further he would submit that the first accused was arrested and remanded to judicial custody and thereafter he was enlarged on bail by the concerned trial Court on 30.01.2024. Hence, he prays for grant of anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that the co-accused was already granted bail by the concerned trial Court. Hence, he has no objection to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering that the co-accused was already enlarged on bail by the concerned trial Court, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is granted anticipatory bail and he is ordered to be released on bail in the event of arrest or on his appearance, within a period of 2/5

fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.V, Trichy, 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 daily at 10.30 a.m., until further orders;

(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 3/5

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

sd/- 01/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU To 1.The Judicial Magistrate No.V, Trichy.

2.Do through the Chief Judicial Magistrate, Trichy District.

3.The Inspector of Police, Somarasampettai Police Station, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER

IN Date :01/02/2024 ED/ JGB /SAR- (06/02/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5