Maveerean v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI MAVEEREAN ... PETITIONER / ACCUSED No.3 Vs THE INSPECTOR OF POLICE BALAMEDU POLICE STATION, MADURAI DISTRICT.
CRIME NO. 64 OF 2024 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.S.AYYANAR PREM KUMAR, Advocate For Respondent : MR.S.MANIKANDAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:
FOR ANTICIPATORY BAIL IN CRIME NO. 64 OF 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 435, 294(b), 506(2) IPC and Section 4 of 1/5
the Prevention of Damage of Public Property Act, 1984 in Crime No.64 of 2024, seeks anticipatory bail.
2.The case of the prosecution is that the accused persons set fire to the defacto complainant's bike and also made life threat to him. Hence, the 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. However, on instructions, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.50,000/- to the credit of crime number and on such deposit, the learned Magistrate shall disburse the same to the defacto complainant after obtaining a proper affidavit. In the event of petitioner succeeding in the present case, the amount will be refunded to him. Hence, he prayed to grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.
Side) appearing for the respondent Police would submit that the investigation is pending. 5.Considering the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.
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)as per the undertaking given by the petitioner, the petitioner is directed to deposit a sum of Rs.50,000/-(Rupees Fifty Thousand only) to the credit of Crime No.64 of 2024 before the learned Judicial Magistrate, Vadipatti and on such deposit, the learned Magistrate shall disburse the same to the defacto complainant after obtaining a proper affidavit. In the event of petitioner succeeding in the present case, the amount will be refunded to him.
(b)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;
(c)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;
(d)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required; (e)the petitioner shall not tamper with evidence or witness either during 3/5
investigation or trial;
(f)the petitioner shall not abscond either during investigation or trial; (g)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; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 27/03/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG TO THE JUDICIAL MAGISTRATE, VADIPATTI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
4/5
THE INSPECTOR OF POLICE BALAMEDU POLICE STATION, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.AYYANAR PREM KUMAR, Advocate ( SR-3775[I] dated 27/03/2024 )
ORDER
IN Date :27/03/2024 PKP/JGB/SAR /04.04.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5