Velayutham 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 Velayutham ... Petitioner/Accused No.5 Vs State represented by its The Inspector of Police, B4, Keerathurai Police Station, Madurai City.

(Crime No.157 of 2022)

...Respondent/Complainant

For Petitioners: Mr.C.Susi Kumar, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.157 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 324 and 506(2) IPC r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.157 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there existed election dispute between the parties and due to that, the petitioner had assaulted the defacto complainant and caused injuries. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

1/3

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the case in counter is pending in Crime No.156 of 2022 against the defacto complainant. 5.Considering the facts that there existed election dispute between the parties, that the case in counter is pending and that except the offences under Sections 506(2) IPC and 4 of Tamil Nadu Prohibition of Harassment of Women Act, all other offences are bailable in nature, 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 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.IV, 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 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the 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]. [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

CSM 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.IV, MADURAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE , MADURAI.

3 THE INSPECTOR OF POLICE, B4, KEERATHURAI POLICE STATION, MADURAI CITY THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADRUAI.

ORDER

IN CRL OP(MD) No.4831 of 2022 Date :14/03/2022 PKP/SBN/SAR-1/23.03.2022/3P/5C 3/3