Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/03/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN Saravanan ... Petitioner/Accused No.7 Vs The Inspector of Police, Jagadapattinam Police Station, Pudukottai District.

Crime No.19 of 2020 ... Respondent/Complainant For Petitioner : M/s.S.Sathyachidambaram, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in crime No.19 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 294(b), 323, 427, 506(i) IPC in Crime No.19 of 2020 on the file of the respondent police, seeks anticipatory bail. 3.On 09.02.2020 at about 14.30 hours, due to dispute in the marriage reception, 2 group have entered into quarrel and fist fight, in which Marimuthu sustained injury. As a follow up, at about 15.00 hours at the Iyyankar bakery, which is owned by the petitioner herein, again both the group have entered into fight. The furnitures and show-cases of the petitioner's bakery got damage. On seeing the police, both the group have fleded from the scene. 4.The Sub-Inspector of Police who witnessed the occurrence has given the complaint and a case has been registered based on the complaint given by the Sub-Inspector of Police. 5.This petitioner, who is A7 as per the complaint is the owner of the Iyyangar Bakery and his shop was damaged during the clash. 1/3

6.Taking note of the fact that the petitioner though may be party in the group clash, he being ultimate affected party, this Court is inclined to grant anticipatory bail to the petitioner on condition that the petitioner shall stay at Aranthangi and reported before the Aranthangi Police Station.

7.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, Aranthangi, Pudukottai District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty 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 photograph 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 Inspector of Police, Aranthangi Police Station, Aranthangi, Pudukottai District, daily at 10.30 a.m., until further orders;

(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 petitioners 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/- 12/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKOTTAI DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3.THE INSPECTOR OF POLICE, JAGADAPATTINAM POLICE STATION, PUDUKOTTAI DISTRICT.

4.THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, ARANTHANGI, PUDUKOTTAI DISTRICT.

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

+1. CC to M/S.S.SATHYACHIDAMBARAM Advocate SR.No.5175

ORDER

IN CRL OP(MD) No.4480 of 2020 Date :12/03/2020 GNS JM/VR/SAR.3/19.03.2020/3P/7C 3/3