Valamburi Raja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.2173 of 2021 Valamburi Raja, ... Petitioner/Accused Vs State rep by The Inspector of Police, Kadalad Police Station, Ramanathapuram District Cr No. 257/2020 Dated 21.10.2020 U/s. 294(B) 323, 506(1).
... Respondent/Complainant For Petitioner : M/s.Guruchev.K., 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.257 of 2020 on the file of the Respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323 and 506(i) of IPC., in Crime No.257 of 2021, on the file of the respondent police, seeks anticipatory bail.
3. The learned counsel appearing for the petitioner submits that the petitioner is the elder brother son of the defacto complainant and due to family dispute, a false complaint has been lodged against the petitioner and the petitioner is no way connected with the offence.
4. The learned Government Advocate (crl.side) appearing for the respondent Police, on instructions, would submit that due to family
dispute, the petitioner attacked the defacto complainant and investigation is under progress.
5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is none other than the elder brother son of the defacto complainant, this Court is inclined to grant anticipatory bail to the petitioner, with certain 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, Kadaladi, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(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/- 16.02.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
MPK TO
1. The Judicial Magistrate, Kadaladi
2. -Do- Thro The Chief Judicial Magistrate, Ramanathapuram District.
3. The Inspector of Police, Kadalad Police Station, Ramanathapuram District
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2 CC to M/s.K.GURUCHEV, Advocate ( SR-1090[I] dated 17/02/2021 )
ORDER
IN CRL OP(MD) No.2173 of 2021 Date : 16/02/2021 VB JC SAR 1(19.02.2021) 3P 7C