S.Kader Mohideen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN S.Kader Mohideen ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, C3 Appan Thiruppathy Police Station, Madurai District.

Crime No. 207 of 2019.

... Respondent/Complainant For Petitioner : M/s.S.A.Ajmalkhan, 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 Cr.No. 207 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147,148,294(b) and 506(i) of IPC in Crime No.207 of 2019, seeks anticipatory bail.

2. The case of the prosecution is that the respondent police has served a summon under Section 160 r/w 91 of Cr.P.C. directed the petitioner to appear on 20.06.2020. The petitioner is A-2 and the crime of the year 2019.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (criminal side).

4. The learned counsel for the petitioner would submit that the petitioner is innocent and the averments made in the alleged complaint is false one. Due to civil dispute between the parties, a 1/3

false complaint has been preferred by the defacto complainant and the petitioner is aged about more than 58 years. Hence, he seeks anticipatory bail.

5. The learned Additional Public Prosecutor on instructions, submitted that nobody has sustained injury and the petitioner is A2. He further submitted that A-1 was already released on bail. 6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that nobody has sustained injury and A-1 was already granted bail, 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 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.V, Madurai on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police as and when required for interrogation.

(c)the petitioner shall not tamper with 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 27/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.V, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, C3 APPAN THIRUPPATHY POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7792 of 2020 Date :27/07/2020 MS/VR/SAR-3/30.07.2020/3P.5C 3/3