K.Surender v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/07/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD). No.6906 of 2020 K.Surender ... Petitioner/Sole Accused Vs The Inspector of Police, Thirukogarnam North Police Station, Thirukogarnam, Pudukottai District Cr.No.563/2020.

... Respondent/Complainant For Petitioner : M/s.P.Krishnaveni, 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.563 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), 323,427, 506(ii) of IPC r/w. Section 4 of TNPHW Act seeks anticipatory bail.

2. Due to money dispute the complaint has been foisted against these petitioners as if he has trespassed into the house of the defacto complainant and threatened them.

3. The learned counsel for the petitioner would submit that the petitioner is a homeopathy doctor and he is not involved in the crime.

4. The learned Additional Public Prosecutor would submit that complaint was registered from the victims based on the intimation received from the Government hospital where the defacto complainant was taking treatment as in patient. The injured got admitted on 24.06.2020 and discharged on 25.06.2020.

5. Taking note of the facts and circumstances of the case and also taking into consideration the fact that the injured sustained only simply injuries, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Pudukottai on condition that the petitioner shall execute 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 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 10.30 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/- 02.07.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 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 No.II, Pudukottai.

2. -Do- Through The Chief Judicial Magistrate, Pudukottai District.

3. The Inspector of Police, Thirukogarnam North Police Station, Thirukogarnam, Pudukottai District

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

ORDER

IN CRL OP(MD) No.6906 of 2020 Date : 02/07/2020 VB SKN SAR 3 (03.07.2020) 3P 5C