Sivaji @ Rengarasu @Rengaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SIVAJI @ RENGARASU @ RENGARAJ ... PETITIONER / SOLE ACCUSED Vs THE INSPECTOR OF POLICE VATTATHIKKOTTAI POLICE STATION THANJAVUR DISTRICT.
CRIME NO.58/2024.
... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.RAMESHKUMAR Advocate For Respondent : MR.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:
FOR ANTICIPATORY BAIL IN CRIME NO.58/2024 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 195-A, 294(b), 341 and 506(i) IPC in Crime No.58 of 2024, seeks anticipatory bail. 1/5
2.The case of the prosecution is that the petitioner is an accused in Cr.No.8 of 2024, which was registered on the basis of the complaint given by the defacto complainant stating that the daughter of A1 and the defacto complainant loved each other and they have got married. Due to which, the accused persons murdered the girl and fired the body in a burial ground. After registration of the above said case, the petitioner was arrested and thereafter, he was released on bail. When he was bailed out, he was threatened the defacto complainant and other witness. Hence, the present case.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is ready to stay away from the native place and accordingly, he prayed to grant anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioner herein threatened L.W.1 and L.W.2 and hence, he opposed to grant anticipatory bail to the petitioner. 2/5
5.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukkottai, Thanjavur District on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
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(c)the petitioner shall stay at the Krishnagiri and report before the Inspector of Police, Krishnagiri Town Police Station, Krishnagiri daily at 10.30 am., until further orders(in both cases, ie., in the present case as well as the main case in Cr.No.8 of 2024);
(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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 28/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS 4/5
TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3 THE INSPECTOR OF POLICE VATTATHIKKOTTAI POLICE STATION THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE INSPECTOR OF POLICE, KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI
ORDER
IN Date :28/03/2024 SS/GS/SAR- /17/04/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5