Vadivel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). No.8176 of 2020 VADIVEL ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, CHINDHAMANIPATTY POLICE STATION, KARUR DISTRICT.
CRIME NO. 228 OF 2020. ... RESPONDENT / COMPLAINANT For Petitioner : M/s.V.VILMA REXY, 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.228 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/sole accused apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 324 and 506(ii) of I.P.C., in Crime No.228 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to land dispute between the parties, on the date of occurrence, there was a wordy quarrel arose between them. Due to which, the petitioner said to have attacked the de-facto complainant with iron rod and caused injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioner would submit that due to land dispute between the parties, the de-facto complainant took a big stone and tried to attack the petitioner's 1/3
head. In this regard, the petitioner has also given a complaint against the de-facto complainant before the respondent police, thereafter, a false complaint has been given against the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the State would submit that the injured person in this case has been discharged from the hospital.
5.Considering the facts and circumstances of the case and also considering the fact that it is a case in counter and the injured person in this case has been discharged from the hospital, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on 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.I, Kulithalai, 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 petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 18/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE NO.I, KULITHALAI.
2.DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3.THE INSPECTOR OF POLICE, CHINDHAMANIPATTY POLICE STATION, KARUR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :18/08/2020 sji AE/VR/SAR-III (24.08.2020) 3P 5C 3/3