Susila v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Susila ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Nagamalai Pudhukottai Police Station, Madurai District.

Cr.No. 70 of 2022.

... Respondent/Complainant For Petitioner : M/s.KANNAN.V, Advocate.

For Respondent : Mr.R.SIVAKUMAR, Government Advocate (Crl.Side) For Intervenor : Mr.NIRANJAN S.KUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.70 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 448 and 506(1) of IPC, in Crime No.70 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with three others had broken the lock to the compound gate, which belongs to the de-facto complainant and parked their car there. When the de-facto complainant inquired about the same, the petitioner abused the de-facto complainant in filthy language and threatened him with dire consequences. 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.

4.The learned counsel for the intervenor has strongly opposed this petition on the ground that the petitioner and other accused 1/3

having an intention to trespass, entered into the property of the de-facto complainant and hence, he seeks permission of this Court to intervene in this petition.

5.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that no one was injured in this case and that the petitioner is not having any bad antecedents. 6.Considering the above facts and circumstances of the case and also the facts that no one was injured in this case, that except the offence under Section 506(1) of IPC, all other offences are bailable in nature and that the petitioner is not having any bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions:

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.6, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five 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 conditions 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 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/- 14/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

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.6 MADURAI.

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

3 THE INSPECTOR OF POLICE NAGAMALAI PUDHUKOTTAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.KANNAN.V Advocate SR.No.2094

ORDER

IN CRL OP(MD) No.4794 of 2022 Date :14/03/2022 SA/PN/SAR.2/17.03.2022/3P/6C 3/3