Sivaraj, S/O.Selvaraj, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7622 of 2019 SIVARAJ ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE PAPPANADU POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.97 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.PITCHAI MUTHU, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 341, 294(b), 354, 352 and 506(i) IPC., in Crime No.97 of 2019, seeks anticipatory bail. 2.The case of the prosecution is that due to previous motive, on 27.04.2019, the accused person is said to have assaulted the defacto complainant, abused with filthy language and threatened with dire consequences. Thus, on complaint, a case has been registered against the petitioners and others.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person, he did not commit any offence as alleged by the prosecution and his name has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) would submit that the investigation is still pending.

5.The submissions made by the learned counsel appearing on either side are considered. It is alleged that the petitioner abused the daughter of the de-facto complainant by pulling her hands and

dress. Even though, there was an allegation against the petitioner that at the time of occurrence the petitioner and other accused assaulted the daughter of the de-facto complainant, the learned Government Advocate (Criminal Side) fairly conceded that nobody sustained injury in the alleged occurrence. Accordingly, on considering the nature of offence committed by the petitioner, particularly on considering the fact that substantial portion of investigation is completed, this Court is inclined to grant anticipatory bail with some stringent conditions to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Orathanadu, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five 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:

(I) the petitioner as well as the sureties shall submit a copy of their Aadhar Card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds. (ii) the petitioner shall appear before the Theni Town Police Station daily 10.00 a.m., for a period of three weeks and thereafter as and when required for interrogation;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioner shall co-operate for the investigation and the trial. The petitioner shall not abscond either during investigation or trail and in event of the petitioner abscond, the respondent police shall register a case as provided under Section 229-A IPC;

(v) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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 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].

sd/- 29/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ORATHANADU, THANAJVUR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

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

4. THE INSPECTOR OF POLICE, THENI TOWN POLICE STATION, THENI.

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

+1. CC to Mr.M.PITCHAI MUTHU Advocate SR.No.8954

ORDER

IN CRL OP(MD) No.7622 of 2019 Date :29/05/2019 MS/JC/SAR-3/03.06.2019/3P.7C