Sivanantham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/03/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Sivanantham

2. Senthil ... Petitioners/Accused 1 & 2 Vs The Inspector of Police, Pandanallur Police Station, Thanjavur District.

Crime No. 74 of 2023.

... Respondent/Complainant For Petitioners : Mr.P.R.Boomerajan Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 74 OF 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 and A2 who apprehend arrest at the hands of the respondent police for the offences punishable under sections 447,427 and 379 of IPC in Crime No. 74 of 2023 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution as per the de-facto complainant is that the petitioners herein looted the paddy which has been harvested without the knowledge of the defacto complainant.

3. Heard both side and perused the materials available on record including the First Information Report.

4. It is seen that there exists a civil dispute between the petitioners and the defacto complainant and infact one Indira has filed a civil suit in O.S. No. 19 of 2023 against the petitioners along with the defacto complainant. The suit for permanent injunction is also pending before the District Munsif Court or 1/3

Judicial Magistrate at Thiruvidaimaruthur. Taking into consideration the facts and circumstances of the case and also the fact that no previous case is pending against the petitioners, this court is inclined to grant anticipatory bail to the petitioners , with certain conditions:

5. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned District Munsif cum judicial Magistrate Court, Thiruvidaimaruthur, Thanjavur District on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: [a] the petitioners 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 petitioners shall report before the respondent Police, daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 30/03/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 2/3

TO

1. The District Munsif cum judicial Magistrate, Thiruvidaimaruthur, Thanjavur District.

2. Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3. The Inspector of Police, Pandanallur Police Station, Thanjavur District.

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

+1 CC to M/s.PR.BOOMEE RAJAN, Advocate SR-5255[I] dated 31/03/2023

ORDER

IN CRL OP(MD) No.5993 of 2023 Date : 30/03/2023 NA/VR/SAR-I/03.04.2023/3P/6C 3/3