K.Kalaikovalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.8555 of 2021 K.Kalaikovalan ... Petitioner/Accused No.1 Vs The State Rep. by The Inspector of Police, Kollidam Police Station, Trichy District Crime No. 116/2021. ... Respondent/Complainant For Petitioner : Mr.Siddharthan.M., Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no. 116 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 448, 294(b), 324 and 506(ii) of I.P.C. in Crime No.116 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 30.04.2021 at about 11.45 am., when the defacto complainant along with A1 and A2 were talking, there arose a wordy quarrel among themselves. Therefore, the defacto complainant came home. On the same day at about 10.00 pm., when the defacto complainant was at his house, A1 and A2 trespassed into his house and attacked him and his mother with Aruval and woodenlog and both of them suffered injuries. Therefore, the present case came to be registered.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl. Side) strongly opposed this petition on the ground that investigation is pending. He further submitted that the injured person has been discharged from the hospital.

5.Considering the facts and circumstances of the case and the fact that injured has been discharged, 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 learned Judicial Magistrate, Srirangam, Trichy, on condition that the petitioner shall execute 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 respondent police or 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, daily 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]; [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 30/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, SRIRANGAM, TRICHY DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY DISTRICT.

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

+1 CC to Mr.M.SIDDHARTHAN, Advocate ( SR-4257[I] dated 30/06/2021 )

ORDER

IN CRL OP(MD) No.8555 of 2021 Date :30/06/2021 IAS TE/MNR/SAR-I : 02/07/2021 : 3P/6C