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Madras High CourtCRL OP(MD)/2960/2021granted

Kathirvel v. The Inspector Of Police

2021-02-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.2960 of 2021 Kathirvel ... Petitioner/Accused No.1 Vs The State Rep. by The Inspector of Police, Golden Rock Police Station, Ponmalai, Trichy City.

(Crime No.125 of 2021) ... Respondent/Complainant For Petitioner : Mr.Arunraj K, Advocate.

For Respondent : Mr.M.V.Chandrasekaran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.125 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1 apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(ii) of I.P.C., on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to path way dispute between the parties, the petitioner along with others scolded the de-facto complainant by using filthy language and attacked him with dire consequences and also caused injuries. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that there is a path way dispute between the parties and on the date of occurrence, there was a wordy quarrel between them and both of them attacked each other. He would further submit that it is a counter case and the injured has been discharged from the hospital.

5.Considering the facts and circumstances of the case and also considering the fact that it is a counter case and both of them attacked each other and the injured person in this case has already been discharged from the hospital, 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 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 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 daily morning at 10.30 a.m., and evening at 05.30 p.m., until further orders.

(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/- 24/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE No.V, TRICHY.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, GOLDEN ROCK POLICE STATION, PONMALAI, TRICHY CITY.

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

ORDER

IN CRL OP(MD) No.2960 of 2021 Date :24/02/2021 SJI TE/JC/SAR-I : 05/03/2021 : 3P/5C