Ganesh Thamotharan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/02/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Ganesh Thamotharan ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Tenkasi Police Station, Tenkasi District.
(Cr.No.595/2021).
... Respondent/Complainant For Petitioner : M/s.MUTHUKUMAR.S, Advocate.
For Respondent : Mr.R.SIVAKUMAR, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.595 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 341, 324 , 506(ii) and 109 of IPC, in Cr.No.595 of 2021, seeks anticipatory bail.
2.The case of the prosecution is that there was a dispute between the parties regarding the cable line connection, on 03.12.2021, the petitioner and others attacked the de-facto complainant and others with iron rod and wood and caused injuries. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner. He would further submit that the case in counter in Crime No.594 of 2021 is pending.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured was discharged from the hospital and that the petitioner is having three previous cases. 1/3
5.Considering the fact that there existed dispute between the parties regarding the cable TV business and also the facts that the injured was already discharged from the hospital, that the case in counter in Crime No.594 of 2021 is pending and that except the offence under Section 506(ii) IPC, all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioner subject to the following 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, Tenkasi, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, 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/- 28/02/2022 / TRUE COPY / / /2022 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 TENKASI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, TENKASI POLICE STATION, TENKASI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.MUTHUKUMAR.S Advocate SR.No.1595
ORDER
IN CRL OP(MD) No.3932 of 2022 Date :28/02/2022 SA/PN/SAR.2/07.03.2022/3P/6C 3/3