B. Janarthanan v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN B.JANARTHANAN ... PETITIONER/ACCUSED RANK NOT KNOWN VS STATE REP. BY THE SUB-INSPECTOR OF POLICE, APPAN THIRUPPATHI POLICE STATION, MADURAI DISTRICT.

IN CRIME NO.NOT KNOW OF 2020 ... RESPONDENT/COMPLAINANT For Petitioner : Mr.M.Sheik Abdullah, 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. Not Know of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294 (b), 341 and 506(i) of IPC in Crime No.Not Known of 2020, on the file of the respondent police, seek anticipatory bail. 2.The money dispute pending between the petitioner and the defacto complainant herein, has led to the complaint by the defacto complainant alleging that the petitioner is threatened him with dire consequences.

3.Considering the nature of the allegations and the age of the petitioner herein, this Court is inclined to grant anticipatory bail to the petitioner.

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4.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 No.II, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

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3 THE SUB-INSPECTOR OF POLICE APPAN THIRUPPATHI POLICE STATION, MADURAI DISTRICT.

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

+1 CC to M/s.M.SHEIK ABDULLAH, Advocate ( SR-5235[I] dated 13/03/2020 )

ORDER

IN CRL OP(MD) No.3145 of 2020 Date :13/03/2020 VSG JM/PN/SAR 4/18.03.2020/3P/6C 3/3