M.Maheswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI CRL OP(MD). No.6476 of 2021 M.Maheswaran ... Petitioner/Sole Accused Vs State The Inspector of Police, Kalugumalai Police Station, Thoothukudi District. ... Respondent/Complainant Crime No.93 of 2021 For Petitioner : M/s.Saravanan.S, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.93 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 294 (b) and 506 (ii) of IPC in Crime No.93 of 2021 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent police.

3.The case of the prosecution is that due to previous enmity between the petitioner and the de-facto complainant's son, the petitioner said to have abused the de-facto complainant by using filthy language and also attacked the de-facto complainant's son with knife. Hence, the complaint.

4.The learned counsel for the petitioner would submit that a counter case has been registered against the de-facto complainant in Crime No.86 of 2021 and it is pending. He would also submit that the injured has been discharged from the hospital. 5.The learned Government Advocate(Crl.Side) would submit that no one sustained injury in the scene of occurrence and that a case and counter has been registered in Cr.No.86 of 2021. 6.Considering the facts and circumstances of the case and also considering the fact that except the offence under Section 506(ii) IPC, all other offences are bailable in nature and the fact that that there is a counter case has been registered against the defacto complainant in Crime No.86 of 2021, this Court is inclined to grant anticipatory bail to the petitioner.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Kovilpatti and on his executing 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 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 Aadhar cards or Bank pass Books to ensure their identity;

(b)the petitioner shall report before the respondent police every Monday at 10.30 a.m., until further orders; (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/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05.05.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 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.1, KOVILPATTI.

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

3. THE INSPECTOR OF POLICE, KALUGUMALAI POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.S.SARAVANAN, Advocate ( SR-3635[I] dated 05/05/2021 )

ORDER

IN CRL OP(MD) No.6476 of 2021 Date : 05/05/2021 VB VR SAR I(17/05/2021) 3P / 6C