Senthilkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SENTHILKUMAR ... Petitioner / Accused No.8 Vs THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KARUR DISTRICT.

(CRIME NO.403/2023.) ... Respondent / Complainant For Petitioner :

M/s.K.Arunraj, Advocate For Respondent :

Mr.S.Manikandan, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.403/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner / Accused No.8, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 148, 427, 429, 294(b), 324, 506(ii) and 379 IPC in Crime No.403 of 2023 on the file of the 1/5

respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that due to civil dispute between the parties, the petitioner along with other accused attacked the defacto complainant and abused him in filthy language. Hence, the case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and due to civil dispute between the parties, the defacto complainant made a false complaint against the petitioner and the co-accused have already been granted anticipatory bail by this Court in Crl.O.P.(MD)No.1112 of 2024 on 24.01.2024. Hence, he prays for anticipatory bail.

4. The learned Government Advocate (Crl. side) appearing for the State would submit that the petitioner along with other accused entered into the defacto complainant's property and damaged the property and hence, he opposed to grant anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact it appears to be a civil dispute and the co-accused have already been granted anticipatory bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner.

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6. Accordingly, the petitioner is granted anticipatory bail and she 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.II, Kulithalai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand 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 learned Magistrate concerned and on further condition that:

(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c)the petitioner shall report before the respondent Police as and when required for interrogation; (d)the petitioner shall not tamper with evidence or 3/5

witness either during investigation or trial; (e)the petitioner shall not abscond either during investigation or trial;

(f) 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 petitioners 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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 06/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate No.II, Kulithalai.

2.Do through the Chief Judicial Magistrate, Karur District.

3.The Inspector of Police, Kulithalai Police Station, Karur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-2786[I] dated 06/03/2024 )

ORDER

IN Date :06/03/2024 ED/ GS /SAR- (12/03/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5