Suresh Babu 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 SURESH BABU ... PETITIONER/SOLE ACCUSED VS STATE REP. BY THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

CRIME NO. 687 OF 2020.

... RESPONDENT/COMPLAINANT For Petitioner : M/s.R.Rajesh, 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 No.687 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 448, 294(b) and 506(ii) of I.P.C., in Crime No.687 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity between the petitioner and the de-facto complainant, the petitioner trespassed into the de-facto complainant's property and damaged his pineapple worth about Rs.3,000/-. Hence, the complaint. 1/3

3.The learned counsel appearing for the petitioner would submit that there is a civil dispute between the parties and a false case has been foisted against this petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the investigation is going on. Hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that there is a civil dispute between the parties, 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 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.

I, Padmanabapuram, Kanyakumari District, on condition that the petitioner shall execute a bond for a sum of Rs.

(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 deposit a sum of Rs.5,000/- (Rupees Five thousand only) to the credit of Crime No.687 of 2020 before the learned Judicial Magistrate No.I, Padmanabapuram, Kanyakumari District, without prejudice his defence before the trial Court; (c)the petitioner shall report before the respondent police as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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; 2/3

(g)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.

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.I, PADMANABAPURAM.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7157 of 2020 Date :09/07/2020 SJI JM/PN/SAR 3/10.07.2020/3P/5C 3/3