Andisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/03/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR Andisamy ... Petitioner/ Accused Rank Not known Vs The State rep. by The Inspector of Police, Natham Police Station, Dindigul District Crime No.46/2021. ... Respondent/Complainant For Petitioner : Mr.G.Balumahendran Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 46 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A10, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 363 of IPC @ 147,294(b), 342,354, 506(ii) and 366 of IPC seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused came in a red colour car and illegally trespassed into the house of the defacto complainant and attacked the defacto complainant and her daughter using wooden log and kidnapped her daughter. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would also submit that the petitioner is the owner of the vehicle and the same has been misused by the accused persons. 1/3

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

5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that the vehicle was used for the alleged occurrence facilitating the other accused to take away the defacto complainant's daughter, 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, Natham, Dindigul District 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 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, NATHAM, DINDIGUL DISTRICT.

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

3. THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.3259 of 2021 Date :22/03/2021 AAV SRS/JC/26.03.2021/3P/5C 3/3