Kannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18.05.2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9172 of 2022 Kannan ... Petitioner/Accused No.3 Vs State Rep. by The Inspector of Police, Jambunathapuram Police Station, Trichy District.
(Crime No.66/2022) ... Respondent/Complainant For Petitioner : Mr.Balamurugan.M, Advocate.
For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor.
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.66/2022 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/Accused No.3 who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 354, A(1)(ii), 506(i) IPC, in Crime No.66 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. According to the prosecution, a shop rental dispute between the petitioner and the defacto complainant. When the defacto complainant told the petitioner to vacate the shop, the petitioner abused the defacto complainant with filthy language and threatened him with dire consequences. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent would submit that in this case, A1 was arrested and released on bail.
5.Taking note of the facts and circumstances of the case and also taking note of the fact that A1 was released on bail in this case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.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 of receipt of a copy of this order, before the Judicial Magistrate, Thuraiyur, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five 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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before respondent police on every Wednesday at 10.30 a.m until further orders. [c]the petitioner shall not tamper with the 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]. Sd/- 18/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.
SKN
TO
1. THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, JAMBUNATHAPURAM POLICE STATION, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.9172 of 2022 Date :18/05/2022 SP/PN/SAR I/23/05/2022/3P/5C