P.Jeyakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN P.Jeyakumar ... Petitioner/Accused No Unknown Vs
1. The state rep.by.
The Inspector of Police, Navalpattu Police Station, Tiruchirapalli District.
(Crime No.76/2023) ... Respondent / Complainant
2. Anjalaidevi ... Respondents/De-facto Complainant For Petitioner :
Mr. M.Rajarajan, Advocate.
For R-1 :
Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.76/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused who apprehends arrest at the hands of the respondent police for the offences punishable under sections 174 Cr.P.C @ 304(2) of IPC in Crime No. 76 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that when the deceased was working in the construction work engaged by a contractor he got electrocuted and died, hence the case.
3. Heard both side and perused the materials available on record including the First Information Report. 1/3
4. It is seen that initially first Information Report came to be registered for the offence under section 174 of Cr.P.C @ 232, 324 of IPC. Even according to the case of prosecution the deceased was working as Mesthri under a contractor. The petitioner was brought for employment unfortunately due to electrocution he died. The case has been registered without implicating the contractor who engaged work to the petitioner. Taking into consideration all the above facts and circumstances 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 No.III, Tiruchirapalli 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, 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 am., 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/- 24/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE LEARNED JUDICIAL MAGISTRATE NO.III, TIRUCHIRAPALLI 2.DO-THROUGH, THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPALLI 3.THE INSPECTOR OF POLICE NAVALPATTU POLICE STATION, TIRUCHIRAPALLI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC TO M.RAJARAJAN ADVOCATE SR.NO.6515, Dt.25.04.2023.
ORDER
IN CRL OP(MD) No.7519 of 2023 Date :24/04/2023 SI/RR/SAR-I(28.04.2023) 3P/ 6C 3/3