Neelakandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Neelakandan ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Thattarmadam Police Station, Thoothukudi District (Crime No.18 of 2023). ... Respondent/Complainant For Petitioner : M/s.David Ganesan.J, Advocate For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.18 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 324, 506(ii) I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.18 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution as per the defacto complainant is that due to collection of tax for temple festival, there was a dispute between the parties, over which, on 31.01.2023, the accused persons have abused and assaulted the defacto complainant and also criminally intimidated her. Hence, the complaint.

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3. The learned counsel for the petitioner submitted that there was a dispute between the parties, over which, a false complaint has been foisted against him. On the basis of complaint given by the petitioner, a case in Crime No.17 of 2023, has been registered against the defacto complainant. Now, the injured has been discharged from the hospital and the petitioner is not having any previous case. Hence, prays to release the petitioner on anticipatory bail.

4.The learned Government Advocate (Crl.Side) submitted that there was a dispute between the parties due to collection of tax for a temple festival, a case and case in counter were registered against the parties. In this case, the injured was discharged from the hospital and the investigation is not yet completed. Hence, prays to dismiss the petition. 5.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6.Taking into consideration the facts and circumstances of the case and considering the fact that it is a case and case in counter pending against the parties, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 7.

Accordingly, this Criminal Original Petition is allowed and 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, Sathankulam, 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 everyday at 10.30 a.m., until further orders; [c] the petitioner shall not tamper with the 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 2/3

Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

[f] if the accused/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 07/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO

1. The Judicial Magistrate, Sathankulam.

2. Do-Through The Chief Judicial Magistrate, Tuticorin District.

3. The Inspector of Police, Thattarmadam Police Station, Thoothukudi District (Crime No.18 of 2023).

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

+1. CC to M/S.DAVID GANESAN.J Advocate SR.No.1966(I)

ORDER

IN CRL OP(MD) No.2397 of 2023 Date :07/02/2023 VA/VR/SAR-1/13.02.2023/3P/6C 3/3