R.Gokul v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.4964 of 2021 R.Gokul ... Petitioner/Accused No.1 Vs The Inspector of Police, Pulivalam Police Station, Trichy District.

Cr. No. 62 of 2021. ... Respondent/Complainant For Petitioner : Mr.Janarthkumar B, Advocate.

For Respondent : Mr.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.62 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii) of IPC, in Crime No.62 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant obtained vehicle loan from the petitioner. Thereafter, he failed to pay some dues, due to which, there was a wordy quarrel between the petitioner and the defacto complainant, in which, the petitioners said to have abused the defacto complainant by using filthy language and also attacked him with wooden log. Hence, the present complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely

implicated in this case. He further submitted that a case in counter has been registered in Crime No.61 of 2021 against the defacto complainant. Hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the injured person has been discharged from the hospital and that there is no previous case against the petitioner.

5.It is seen from the submission and the allegation made in the complaint that when the petitioner had gone to collect loan from the defacto complainant, the occurrence had happened. 6.Considering the facts and circumstances of the case and also considering the fact that except the offence under Section 506(ii) of IPC, all other offences are bailable in nature and the fact that the injured person has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Judicial Magistrate Court, Thuraiyur, within a period of fifteen days from the date of receipt of a copy of this order, on his executing 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 said Magistrate 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 daily at 10.30 a.m for a period of two weeks 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]. [f] If the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 07/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 THURAIYUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY 3 THE INSPECTOR OF POLICE PULIVALAM POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.JANARTHKUMAR B Advocate SR.No.2949

ORDER

IN CRL OP(MD) No.4964 of 2021 Date :07/04/2021 SMA/PN/SAR-1/19/04/2021/3P/6C