Deena v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/04/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Deena ... Petitioner/2nd Accused Vs The State Rep. By, The Inspector of Police, Thottiyam Police Station, Trichy District.

Crime No.75 of 2022.

... Respondent/Complainant For Petitioner : M/s.Herold Singh S.C., Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.75 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused No.2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 324, 332 and 506(ii) IPC, in Cr.No.75 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that on 01.04.2022, the defacto complainant was on duty in chariot festival in connection with Madura Kaliamman Kovil festival and he was proceeding along with the chariot. When the chariot was standing near North Ratha Veethi, the petitioner and one Seenivasan picked up quarrel with each others, the de-facto complainant insisted them to hold on the rope of the chariot and go along with the chariot, the petitioner and other accused abused the de-facto complainant in filthy language and thrown a tile on him. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the injured was discharged from the hospital and no previous case is pending against the petitioner. 5.Considering the above facts and circumstance and also considering the facts that the injured was discharged from the hospital, that except the offence under Section 506(ii) IPC, all other offences are bailable in nature, that A1 was already arrested and also the fact that the petitioner is not having any previous case for similar or serious offence, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thottiyam, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, THOTTIYAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, TRICHY DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-3665[I] dated 21/04/2022 )

ORDER

IN CRL OP(MD) No.7240 of 2022 Date :20/04/2022 sji USK/VR/SAR-II/26.04.2022/3P/6C 3/3