Beer Mohamed v. For Anticipatory Bail In Crime No. On The File Of The Respondent Police.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2021 PRESENT The Hon'ble Mrs.Justice S.ANANTHI

1. Beer Mohamed ... Petitioner/Accused No.3

2. Manikandan

3. Logeswaran ... Petitioners/ Accused Rank Not Known -VsState Rep.by The Inspector of Police, Cantonment Police Station, Trichy City.

Crime No.506/2021.

... Respondent/Complainant For Petitioners : Mr.N.Anandakumar, Advocate. For Respondent : Mr.A.Robinson (Crl.Side), Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.506 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 294(b), 323, 341, 506(i), 364 A and 511 of I.P.C., in Crime No.506 of 2021 on the file of the respondent police, seek anticipatory bail.

3.The case of the prosecution is that the defacto complainant borrowed some amount from the first petitioner. After repeated demand, he did not pay the amount. Angered by the same, the petitioners and other accused attacked with hands and also used filthy languages. Hence, the complaint.

4.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case.

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5.The learned Government Advocate (Crl.Side) would submit that the there is no previous case pending against the petitioners. He further submitted that Accused No.1 was released on bail by this Court in Crl.O.P.(MD)No.6277 of 2021 on 30.04.2021. 6.Considering the facts and circumstances of the case, the fact that Accused No.1 was released on bail by this Court in Crl.O.P.(MD) No.6277 of 2021 on 30.04.2021 and that except 506 (i) of IPC, other offences are bailable offences, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.

II, Trichy, and on their executing a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police on every Monday at 10.30 a.m., until further orders; (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]; and (f)if the accused/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 06/05/2021 / TRUE COPY / / /2021 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.II, TRICHY.

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

3. THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY CITY.

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

ORDER

IN CRL OP(MD) No.6452 of 2021 Date :06/05/2021 RMI MS/PN/SAR-3/13.05.2021/3P.5C 3/3