Pandi @ K.Pandiyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Pandi @ K.Pandiyaraj ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

Crime No.58 of 2023 ... Respondent/Complainant For Petitioner : Mr.S.MANOJ KUMAR, Advocate.

For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.58/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 336 and Section 25(1-A) of Arms Act, 1959, in Crime No.58 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 20.03.2023 at about 09.00 a.m., the respondent police has received an information while patrolling in market that three persons are roaming with Val in order to threaten the public. While the police officials reaching the spot, the accused persons flew away from the spot from throwing the Val. At that time, the police officials have caught hold A1, namely, Riyas and based on his confession, the other two accused persons have been identified. A1 had confessed that there was motive between the death of one Jeyaraman and in order to take revenge, the accused persons were roaming in the market. Hence, the case. 1/3

3.Heard both sides and perused the materials available on record including the First Information Report. 4.Considering the above facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions:

5.Accordingly, 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 on which the order copy made ready, before the learned Judicial Magistrate, Karaikudi, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one shall be a blood related surety) each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed 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, daily at 10.30 a.m., for a period of two weeks and thereafter, 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 17/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE KARAIKUDI NORTH POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.S.MANOJ KUMAR, Advocate ( SR-5960[I] dated 17/04/2023 )

ORDER

IN CRL OP(MD) No.6896 of 2023 Date :17/04/2023 PKP/BUC/SAR-2/26.04.2023/ 3P/6C 3/3