Joswa Devadass v. The Insepctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.04.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Joswa Devadass ... Petitioner/1st Accused Vs The State represented by The Inspector of Police, Thattarmadam Police Station, Thoothukudi District.

(Crime No.156 of 2022) ... Respondent/Complainant For Petitioner : Mr.S.Muniyandi, Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl. Side).

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.156 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 427, 506(2) and 109 IPC, in Crime No.156 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there existed previous enmity between the parties, the petitioner and other accused went to the defacto complainant's house and threatened him with dire consequences and abused him in filthy language and also damaged a two wheeler. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the accused 2 to 10 were already granted anticipatory bail by this Court in Crl.O.P.(MD)No.7430 of 2022 vide order dated 21.04.2022. 1/3

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that no one was injured in the incident. He would further submit that the petitioner is having three previous cases.

5.Considering the facts that there existed land dispute between the parties, that no one was injured in the incident and that except the offence under Section 506(2) IPC, all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner shall deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Sathankulam.

7.On production of such receipt/acknowledgment, 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, Sathankulam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions 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 Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the 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]. 2/3

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/04/2022 / TRUE COPY / / /2022 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, SATHANKULAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSEPCTOR OF POLICE, THATTARMADAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

COPY TO :

THE OFFICER-INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND IN IOB, GOVERNMENT OF TAMIL NADU, SECRETARIAT BRANCH, CHENNAI-9.

ORDER

IN CRL OP(MD) No.7711 of 2022 Date :26/04/2022 CSM USK/JM/SAR-II/28.04.2022/3P/6C 3/3