Anandhan @ Ananthan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN Anandhan @ Ananthan, ... Petitioner/Accused No.2 Vs State Represented by The Inspector of Police, Kollidam Police Station, Trichy.
(In Crime.No.50 of 2020).
... Respondent/Complainant For Petitioner : M/s.S.M.A.Jinnah, Advocate.
For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No. 50 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 Additional Public Prosecutor appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324 & 307 IPC @ 302 IPC in Crime No.50 of 2020 on the file of the respondent police, seeks anticipatory bail.
3.The petitioner herein, who is arrayed as A2 in a case of murder of one Naveen Deva, is before this Court seeking anticipatory bail on the ground that due to property dispute, the deceased came to the house of the petitioner and attacked him. In the said 1/3
attack, the petitioner lost his fingers and in retaliation, the said Naveen Deva was done to death by this petitioner and his brother, who is A1 in this case.
4.The learned counsel for the petitioner would submit that this petitioner is under treatment in Thanjavur Medical Hospital. The incident occurred as self defence and the petitioner is not guilty. 5.The learned Additional Public Prosecutor would submit that it is case and case in counter wherein the accused in the complaint given by the petitioner is dead and this petitioner is facing investigation for the murder of the said Naveen Deva. 6.Taking note of the submissions under which the alleged offence occurred and the injury sustained by this petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Srirangam and on their executing 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, within one month and 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 as and when required.
[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioners 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 26/05/2020 / 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, SRIRANGAM.
2. DO THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5457 of 2020 Date :26/05/2020 GNS AE/PN/SAR-III (27.05.2020) 3P 5C 3/3