Jeyapandi, S/O.Bose, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of June Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD) No.8351 of 2019 JEYAPANDI ... PETITIONER /SOLE ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE, BODI TOWN POLICE STATION, CRIME NO.1159 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.SELVARAJ Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 294(b), 506(i)of IPC and Section 4 of TNPWH Act, seeks anticipatory bail. 2.Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that he is an innocent person and a false case has been foisted against the petitioner. Hence, he prayed for granting anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor has submitted that the de-facto complainant is a widow and the petitioner is continuously harassing the de-facto complainant and compelled her to marry him.

Hence, he strongly opposed this petition, as investigation is still pending.

5.Taking into consideration of the fact that only wordy quarrel arose between the parties and no one sustained any injury, 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 on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Aundipatti, Theni District and 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 fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

[b]the petitioner shall report before the Thanjavur Town Police Station, daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, AUNDIPATTI, THENI DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE,

3 THE INSPECTOR OF POLICE, BODI TOWN POLICE STATION, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.SELVARAJ Advocate SR.No. 9970

ORDER

IN CRL OP(MD) No.8351 of 2019 Date :17/06/2019 JM/VR/SAR 4/25.06.2019/3P/6C