Jothi Anand v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Jothi Anand ... Petitioner/Accused 1 Vs The State rep.by, The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

(Crime No.96/2022) ... Respondent/Complainant For Petitioner : Mr.P.Veerapandi 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.96/2022 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), 323, 353 and 506(ii) IPC, in Cr.No.96 of 2022, seeks anticipatory bail.

2.The case of the prosecution that on 09.03.2022, the de-facto complainant, who is the Village Administrative Officer, along with the Revenue Officials enquired the encroachment made by the accused, at that time, the petitioner took video in his cell phone and when the same was prevented by the de-facto complainant, the petitioner and other accused abused the de-facto complainant in filthy language and attacked him with hands and also prevented him from discharging his official duties. 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. He would further submit that A2 was already released on bail by the Sessions Court and A3 was already granted bail by this Court.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured person in this case has been treated as outpatient.

5.Considering the above facts and circumstances and also the facts that the injured person has been treated as outpatient, that the co-accused A2 and A3 were already released on bail by this Court and the Sessions Court and that except the offence under Sections 353 and 506(ii) IPC, this Court is inclined to grant anticipatory bail to the petitioner, but 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, Sivagiri, 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/- 18/03/2022 / 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, SIVAGIRI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE VASUDEVANALLUR POLICE STATION, TENKASI DISTRICT.

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

+1 CC to Mr.G.THALAIMUTHARASU, Advocate ( SR-2268[I] dated 21/03/2022 )

ORDER

IN CRL OP(MD) No.5164 of 2022 Date :18/03/2022 SJI MK/VR/SAR.III/28.03.2022/3P/6C 3/3