Sarathkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/05/2022 PRESENT The Hon'ble Mrs.Justice T.V.THAMILSELVI Sarathkumar ... Petitioners/Accused No.1 Vs The State rep.by The Inspector of Police, Aranthangi Police Station, Pudukkottai District.
Cr.No.124 of 2022.
... Respondent/Complainant For Petitioner : Mr.A.Prasanna Rajadurai, Advocate.
For Respondent : Mr.B.Nambi Selvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.124 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324 and 307 IPC, in Crime No.124 of 2022, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that there was a wordy quarrel between the parties, due to which, the petitioner and other abused the defacto complainant in filthy language and attacked him with dire consequences. Hence, the complaint.
3.Today, When the matter is taken up for hearing, the learned counsel for the petitioner submitted that the issue has been settled between the parties amicably and he has filed a compromise memo before this Court to that effect.
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4.The above submission is admitted by the learned Additional Public Prosecutor appearing for the respondent Police. 5.Considering the facts and circumstances of the case and considering the relationship between the parties and also the fact that the issue has been settled between the parties, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and 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 learned Judicial Magistrate Court, Aranthangi, Pudukkottai 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 as and when required and the respondent Police is directed return the vehicle, which belongs to the petitioner.
[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/- 19/05/2022 / TRUE COPY / / /2022 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, ARANTHANGI, PUDUKKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.PRASANNA RAJADURAI A Advocate SR.No.4908
ORDER
IN CRL OP(MD) No.9604 of 2022 Date :19/05/2022 SS/VR/SAR:IV/23.05.2022 : 3P/6C 3/3