Loganathan 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 LOGANATHAN ... PETITIONER/ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, MANAPARAI POLICE STATION, TRICHY DISTRICT.

(CRIME NO.70 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.T.Navaneetha Krishnan, 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.70 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 147, 323 and 506(ii) of IPC and Section 4 of TNPHW Act seeks anticipatory bail.

2.

Pursuant to the civil dispute between the defacto complainant and the accused person the petitioner herein along with four others have gone to the house of the defacto complainant and attacked the defacto complainant and her relative Banumathi using stick and iron rod and they have also torn the blouse of Banumathi. 1/3

3. Perusal of the Accident Register indicates no external injury except complaint of pain in the left shoulder.

4. Considering the genesis of incident, anticipatory bail is granted to the petitioner on the following conditions who is purchaser of the disputed property from one Pattan Chettiyar who has got the property through partition deed

5. 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, Manapparai on condition that the petitioners shall execute a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition 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 10.00 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 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 abscond, 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, MANAPPARAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPPALLI DISTRICT.

3 THE INSPECTOR OF POLICE MANAPARAI POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.NAVANEETHA KRISHNAN, Advocate ( SR-5164[I] dated 12/03/2020 )

ORDER

IN CRL OP(MD) No.4493 of 2020 Date :12/03/2020 aav JM/PN/SAR 3/13.03.2020/3P/6C 3/3