S.Subash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.7155 of 2020 S.Subash ... Petitioner/1st Accused Vs The State through The Inspector of Police, Usilampatti Town Police Station, Madurai District.

Cr.No. 1271 of 2020.. ... Respondent/Complainant For Petitioner : M/s.J.Senthil Kumaraiah, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No1271 of 2020. on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 294 (b),323,324,506(i) of IPC and Section 4 of TNPHW Act seeks anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that due to civil dispute the petitioner herein along with others abused the defacto complainant, assaulted her and also threatened her with dire consequences.

4. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that A2 to A4 in this case were granted anticipatory bail by this Court

5. The learned Government Advocate(Crl.Side) would submit that injured was already discharged from the hospital and A2 to A4 in this case were granted anticipatory bail by this Court. 6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that A2 to A4 in this case were granted anticipatory bail by this Court and also the fact that injured person was discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate No.I, Usilampatti on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned 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 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/- 09.07.2020 / 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 District Munsif cum Judicial Magistrate No.I, Usilampatti

2. -Do- Through The Chief Judicial Magistrate, Madurai.

3. The Inspector of Police, Usilampatti Town Police Station, Madurai District. Cr.No. 1271 of 2020..

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

ORDER

IN CRL OP(MD) No.7155 of 2020 Date : 09/07/2020 VB SKN SAR 2 (13.07.2020) 3P 5C